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MINUTES OF THE MEETING OF THE CITY COMMISSION
Bozeman, Montana
April 1st, 1964
The Commission of The City of Bozeman met in regular seassion in the Commission Room,
Commissioner Langohr opened the meeting with a prayer and the following proceedings were
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City Hall Building, Wednesday, April 1, 1964 at 1:00 o'clock p.m. Present were Mayor Morrow,
Commissioner,Langohr, City Manager Cutting, City Attrney Berg and the Clerk.
had:
Minutes of the last regular session were read and it was moved by Commissioner Langohr,
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 Mayor Morrow and Commissioner Langohr,
those voting no, none.
Absence of Commissioner Sedivy
It was reported that Commissioner Sedivy'S absence from the meeting was due to the nec-
essity of his accompanying the Montana State College Band on a tour as its band director.
In compliance with Section 2.0a.060 of the Bozeman Municipal Code,.it was moved by Mayor
Morrow, seconded by Commissioner Langohr, that Commissioner Sedivy's absence by authorized
and the motion was carried by the following Aye and No vote, those voting Aye being Mayor
Morrow and Commissioner Langohr, those voting No, none.
Award Of Truck Purchase -- Water Dept. Bids Op'med March 25. '64.
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A tabulation having been completed of the audited bids opened March 25th, for the pur-
chase of a 3/4 ton pickup truck, the City Manager and the City Engineer recommended the award
of the bid to Robt. F. Dye, Inc., for a GMC truck at the net cost to the City of $l,a37.00,
it being the lowest and best bid received and equalling or exceeding the specifications as
contained in the "Call for Bids". It was moved by Mayor Morrow, seconded by Commissioner
Langohr, that the award be made to Robt. F. Dye, Inc., at the net cost of $1,837.00, as
recommended. The motion was carried by the following Aye and No vote, those voting Aye
being Mayor Morrow, and Commissioner Langohr, those voting No, none.
SID No. 432
Walton Condemnation Case
On the 25th day of September, 1963, Ordinance No. a43, empowering the City Attorney
to commence condemnation proceedings to acquire an easement and right of way for the construc-
tion of Special Improvement District No. 432, across pr~perty owned by Roy T. and Jessie A.
Walton was passed and adopted. The City Attorney reported the District Court appointed
appraisers had awarded the Walton,s $500.00 as a value of the right of way easement and
$7,000.00 as damages to the property, or a total of $7,500.00. The City Engineer and Wayne
H. Dean, representing Consultant Engineer Harold Hoskins and Associates, submitted a study
showing the most feasible alternate route for the construction of the sewer by-passing the
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Walton property would involve an expense of not less than $20,000.00, over and above the
project cost as now planned. The City Manager hav:.ng disqualified himself from the dis-
cussion due to relationship to the defendant, the City Attorney recommended that the City
deposit with the District Court the stipulated amount of the award of $7,500.00, in order
to secure access to the property in question, and within the thirty-day period allowed by
law~ file an appeal in the District Court for a jury trial of the case. It was moved by
Commissioner Langohr, seconded by Mayor Morrow, that the City Attorney be authorized and
and directed to take the necessary action to carry out his recommendation to gain access
to the property and appeal the case ~o the'District Court. The motion was carrjed by
the following Aye and No vote, those voting Aye being Mayor Morrow and Commissioner Langohr
those voting No, none.
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Grafts Rearrangr;;ment of Block 6. Kirkts Second Subdivision
(Approval of Plat) .
The proposed plat of Grafts Rearrangement of Block 6, Kirk's Second Subdivision
was placed before the Commission for consideration. A letter from the Bozeman City-County
Planning Board stated that Board had approved the plat as of March 31st, 1964. After dis-
cussion, and in concurrence with the recommendation of the City Manager, it was moved by
Mayor Morrow, seconded by Commissioner Langohr, that, contingent upon evidence of ownership,
the plat be accepted and approved and the City Manager acting as Director of Public Service
be authorized and directed to sign the plat for the City. The motion was carried by the
following Aye and No vote, those voting Aye being Mayor Morrow and Commissioner Langohr,
those voting No, none.
SID No. 437 -- WaterMains - In the Kirk. West Park ManorJ~& Maple Terrace Subdivision
Commission Resolution No. 1113
Commission Resolution No. 1113, entitled:
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COMMISSION RESOLUTION NO. 1113
A RESOLUTION OF THE CITY' COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DE-
CLARING IT TO BE THE INTmTION OF SAID COMMISSION ro"'CREATE A SPECIAL
IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 437
TO THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING
A TWELVE (12) INCH WATER MAIN ON BEALL STREET FROM FIFTEENTH AVENUE
WESTERLY TO A POINT MIDWAY BETWEEN NORTH TWENTIErH AVENUE AND NORTH
TWENTY-FIRST AVENUE: A TEN (10) INCH WATER MAIN ON DURSTON ROAD FROM A
POINT MIDWAY BETWEEN NORTH TWENTIETH AND NORTH TWENTY-FIRST AVENUE TO
A POINT 180t WESTERLY OF NORTH FIFTEENTH AVENUE: A SIX (6) INCH WATER
MAIN ON NORTH TWENTIETH AVENuE BETWEEN BEALL STREET AND DURSTON ROAD:
A SIX (6) INCH WATER 'MAIN ON NORTH EIGHTEENTH A VENUE BETWEEN BEALL STREET
AND DURSTON ROAD AND A SIX (6) INCH WATER .MAIN ON EASEMENTS WITHIN THE
MAPLE TERRACE SUBDIVISION AND ALSO TO INSTALL NECESSARY VALVES AND FIRE
HYDRANTS AND OTHER NECESSARY APPURTENANCES AND ~RK INCIDENTAL THERETO.
as prepared by the City Attorney was presented. The City Manager recommended that the
Commission adopt the resolution and it was moved by Commissioner Langohr, seconded by
Mayor Morrow, that tbe resolution be passed and adopted and April 22nd, 1964, be set
as the date for public hearing and the motion was carried by the following Aye and No
vote, those voting Aye being Mayor Morrow and Commissioner Langohr those voting No, none.
Ordinance N~~~~-"DaYlight Savings Time -- F~nal. Passage
This was the time and place as set on March 25th, for the final passage of Ordinance
No. 844, known as the "Daylight Savings Ordinance." The City Manager stated he was not
aware of any change of circumstances since its provisional passage that would warrant his
doing otherwise than to recommend the final passage of the Ordinance. It was moved by
Mayor Morrow, seconded by Commissioner Langohr, that Ordinance No. 844 be finally passed
and adopted and the motion was carried by the following Aye and No vote, those voting Aye be-
ing Mayor Morrow and Commissioner Langohr, those voting No, none. .
Petition for Election. for Municipal Building Facility
The Clerk presented to the City Commission a petition, consisting of 73 identical counter-
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parts containing in all 1159 valid names petitioning for an election on the question of issuing
bonds for the following purpose:
(1) to erect, furnish and equip a municipal building facility to house city administration
offices and the police and fire departments, the amount of bonds necessary to be
issued for this purpose being estimated at $475,000.00.
Attached to said petition were the affidavits of the circulators of the various counter-
parts thereof and the Certificate of the Clerk of the Commission finding the petition to have
been signed by a suff~cent number of qualified signers being 'in excess of the required 20%
of the 5035 registered taxpayers of record.
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The Commission thereupon examined the petition and it was moved by Commissioner Langohr,
seconded by Mayor Morrow, that the City Attorney be directed to prepare a resolution to
place the questions as set forth in the petition before the qualified electors at a special
City of Bozeman election to be held June 2, 1964. The motion was carried by the following
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Aye and No vote, those voting Aye bei~g Mayor Morrow, and Commissioner Langohr, those voting
No, none.
Ordinance No. 845
Fire Prevention Code (Revised)
For the purpose of adopting the latest (1960), edition of the Fire Prevention Code from
that of 1956, proposed Ordinance No. 845 was presented for provisional passage, entitled:
ORDINANCE NO. 845
AN ORDINWNCE.AMENDING SECTION 13.04.010 OF THE BOZEMAN MUNICIPAL CODE TO
ADOPT THE 196Q EDITION OF THE FIRE PREVENTION CODE RECOMMENDED BY THE
NATIONAL .BOARD OF FIRE UNDERWRITERS AND REPEALING ALL ORDINANCES AND ALL
PARTS OF ORDINANCES IN CONFLICT HEREWITH
It was moved by Mayor Morrow, seconded by Commissioner Langohr, that the ordinance be
provisionally passed and adopted and April 8th, 1964, be set as the date for final passage
and adoption. The motion was carried by the following Aye and No vote, those voting Aye be-
ing Mayor Morrow and Commissioner Langohr, those voting No, none.
Confirmation of Firemen Appoi.ntments,: 8. Ass't. Fi.r"l Chief Herbc'.rt Hoey
b. Lt. Eugene C. Kennedy
c. Fireman: Allen J. Shearman
The City Manager announced that the following members of the Fire Department had satis-
factorily completed the required six months period of their temporary and probationary appoint-
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ments as follows:
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Rank
Ass't. Fire Chief
Lieutenant
Fireman
Herbert H. Hoey
Eugene C. Kennedy
Allen J. Sh earman
and that he had confirmed these appointments as a permanent status subject to the approval
of the Commission. It was moved by Commissioner Langohr, seconded by Mayor Morrow, that the
permanent appointments of the above named by the City Manager be approved and the motion was
carried by the following Aye and No vote, those voting Aye being Mayor Morrow, and Commissioner
Langohr, those voting No, none.
Permission to Use Searchlight
Don Fletcher Appliances, 23 S. Tracy
It Was reported that Don Fletcher Appliances had requested permission to use a large
searchlight in frortof the store on April 2nd and 3rd, between the hours of 7 to 10:30 p.m.
for advertising purposes. It was moved by Mayor Morrow, seconded by Commissioner Langohr,
that permission for the use of the searchlight as requested be granted and the motion was
carried by the following Aye and No vote, those voting Aye being Mayor Morrow and Commissioner
Request
Jaycees (Park Model "T" to Conduct Ticket Sale. April '4th, on Main Street)
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Langohr, those voting No, none.
It was reported the Jaycees had requested permission to park a model "Tit on Main Street
in front of the Bozeman Pharmacy on April 4th, to conduct a ticket sale for the Jim Bond Wild-
life Show to be held on April 6th and 7th. It was moved by Commissioner Langohr, seconded by
Mayor Morrow, that permission to conduct the sale as requested be granted subject to.approval
of the location by the Bozeman Pharmacy. The motion was carried. by the following Aye and No
vate, those voting Aye being Mayor Morrow and Commissioner Langohr, those voting No, none.
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Purchase of Copper Pipe (3/4 inch)
The City Manager reported that due to a predicted increase in the cost of copper pipe
within the near future, authorization to purchsse $950.00 of 3/4 inch copper pipe for use by
the water department was requested. It was moved. by Mayor Morrow, seconded by Commissioner
Langohr, that the City Manager be grant eel authorization to purchase the pipe as requested
and the motion was carried by the following Aye and No vote, those voting Aye being Mayor
Morrow and Commissioner Langohr,- those voting No, none.
Insurance on City Owned Property (Change in Pa:"mentPlan of Premium)
G. C. Waite of the Bozeman Insurance Association appeared to discuss the association's
recommendation that the City agree to change its present five-year payment plan for the
premium payment on the insurance covering city-owned property to that of a three-year plan.
Mr. Waite stated the change would result in a savings of some $300.00 per year on the pre-
mium and additional coverages could be added, such as vandalism and malicious mischief.
After discussion it was moved by Mayor Morrow, seconded by Commissioner Langohr, that the
proposed plan be tentatively approved and Mr. Waite instructed to proceed. with the mechanics
of the plan. The motion was carried by the following Aye and No vot e, those voting Aye being
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Mayor Morrow and Commissioner Langohr, those voting No, none.
Report of Meeting of City-County Health Board (Mayor Morrow)
Mayor Morrow, having attended as the city's member, reported on the meeting of the
City-County Health Board held on March 30th, and gave a brief resume of its proceedings.
Adjournment -- Langohr/Morrow.
There being no further business to come before the Commission at this time it was moved
by Commissioner Langohr, and seconded by Mayor Morrow, that the meeting adjourn. The
motion was carried by the following Aye and No vote: those voting Aye being Mayor Morrow
and Commissioner Langohr, those voting No, none.
ATTEST:
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Clerk of the Commission
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