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HomeMy WebLinkAbout1960-07-20 '277 Bozeman, Montana July 20, 1960 The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall Building, Wednesday, July 20th, 196U at 1:00 o'clock p.m. Present were Mayor Swanson, Commissioner Staudaher, Commissioner Sedivy, Ci t:r Manager I Cutting, Ass't. City Manager Fryslie, Deputy City Attorney Berg and the Clerk. Minutes of the last regular session were read and it was moved by Commis- sioner Staudaher, seconded by Commissioner Sedivy, that the minutes be approved as read and the motion was carried by the following Aye and No vote: those voting Aye be:Jng Mayor Swanson, Commissioner Staudaher and Commissioner Sedivy; those voting No, none. Tentative Budget - 1960-6l The City Manager presented a proposed budget covering operations of the City for the fiscal year 1960-61. After detailed explanation and consideration of this budget, it was moved by Commissioner Staudaher, seconded by COJ11miss ioner Sedivy, that this budget be given tentative approval and that it be made the basis of the annual appropriation ordinance and the motion was carried by the followine Aye and :No vote: those voting Aye being Mayor Swanson, Commissioner Staudaher and Cow~is- sioner Sedivy; those voting No, none. Budget for 1960-61 -- Ordinance No. 826 I Based upon the proposed budGet as tentatively approved, Ordinance No. 826 was presented, en ti tIed: ORDINANCE NO. 826 AN ORDINANCE APPROPRIATING MONIES FOR EXPENDITURES DEE11ED NECES- SARY AND IN ACCORDANCE vVITH BUDGETARY REQUIREHENTS FOR MAINTENANCE ETC. , OF THE MUNICIPAL GOVERID,ffiNT OF THE CITY OF BOZE~ffiN, MONTANA FOR THE FISCAL YEAR ENDING JUNE 30th, 1961. It was moved by Commissioner Staudaher, seconded by Comnissioner Sedivy, that the ordinance be provisionally passed and July 27th, 1960 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, Swanson, Commissioner Staudaher and Commissioner Sedivy; those voting No, none. " Ordinance No. 825 -- 1960-61 Salary Ordinance Ordinance No. 825, the annual salary ordinance, coverinG salaries of the heads of departments and of employees who are direct appointees of the Commission was pre- sented, en ti tIed: ORDINANCE NO. 825 I AN ORDINANCE OF THE CITY OF BOZm,~AH, T'.TONTA NA, PIXING THE Ti!!ONTTILY SALAEY AND OF?ICIAL BOED OF THl~ CITY T:1ANAGEE, THE HEADS OF DEPARTT'FENTS J AND TI-IE ETifPLOYEES OF THE CITY Cmt'IS- SION AS ~EQUIRED BY LAW. It was moved by Commissioner Sedivy, seconded by C0111.mi8s ioner S t91Jdaher, that the ordinance be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being r~ayor Swanson, Co~~issioner Sedivy and Commissioner Staudaher; those votlng No, none. 278 Resolution No. 980 -- Provisional Passage -- Occupancy to a Portion of West Lincoln Street As directed, the De~lty City Attorney has incorporated a clause to provide for a "turn-around" at the end of any avenue or alley dead-ended by a proposed resolution to grant p6rmission to certain property o.vners to occupy and use the dedica ted area of Lincoln Street betwefm Third and Fiftp. Avenues for parle purposes. Resolu tion No. 980 granting occupancy as aforementioned, placed on file as of this I do. te , was presented to the Commission, en ti tIed: Cm~T\nSSION RESOLTTTION NO. 980 A TIESOLUTIOK or T:-TE CITY carr,fISSION OF THE CITY OF BOZ81~AN, r.TOHTAJ'T1'..., GRAFTIVG CEP..TAIE PROPERTY mVNERS THE RIGHT TO OCCUpy AIm USE ~'\LL OF THE DEDICATED AREA OF LINCOLN STr~ET SETWEEN THE WEST PROPERTY LI1'E OF SOUTH THIRD A VENUE AND THE WEST PROPERTY LINE OF THE ALLEY BETWEEN FIFTH A:'TD SIXT;-) A VE~mES IN THE CITY Or:' BOZE~':AN, MONTANA The Depu ty C1 t~r Attorney s to. ted tho. t the resolu tion was complete as to form in which :1. t is to be presented for final passage. It was moved by Commissioner S taudaher , seconded by IiIayor Swanson, tho. t the Commission provisionally' pass the Resolu tion, that the said Resolution is to remain on file with the Commission for inspection by the public for at least a period of one week before again being placed before the Co~ission for final adoption or passage as provided by Section 11-3312, R.C.l~~., 1947, and the motion was carried by majority vote as follows: - those voting "Aye"belng Mayor Swanson and COlY'nissloner Staudaher; Commissioner Sedivy voting '''No''. .1 Gas Franchise -- Application of Montana Power Company and Proposed Hesolution A wri tten applica tion of the M'on ta na Power COl11pany reques ting a "gas fran- chise" was presented to the Commission; also, accompanying the application was a proposed resol~ti0n to provide for an election to place the 11"30 tter befor'e the resident freeholders of the City, and attached thereto was the proposed ordin- ance tberefor to be pas sed and adopted bJ'" the Ci ty Commission after approval of the franchise by a vote of the qualified electors. Resoln tion No. 921 was pre- sen ted, en ti tIed: RESOLUTION NO. 981 A RESOLUTION PROVIDING FOR THE HOLDING OF' AN ~LECTICW POR . TEE PURPOSE OP SUmIIT'l'II'TG TO T"fTE QUALIFIED RESIDENT FREE- HOLDErS OF THE CITY OF BOZE~,~AH, lW?TTANA, THE QUESTION OF . GRANTING TO THE ~~OHTANA POVV'bR COMPAlITY, A CORPORATION, A FRANCHISE 20B TIm TEm~ OF FIFTY (50) YEARS AN'J THEREA:FTER UFTIL AND 1mLE3S OTHERV/ISE PROVIDED BY ORDINAITCE, 1JNDER WHICH SAID Cm.:PANY ~,~AY CONSTRnCT, EQUIP, LAY, MAINTAIN AND OPERATE PIPE LINES AND APPURTENANCES IN, UNDER, UPON, OVER AND ACROS3 STRE;.':'!'S, AVENUES, ALLEYS, R'-GH1NAYS, L:mIDGES, Ell.SEYENTS AND OTFER P~TBLIC PLACES IN THE CITY OF DOZET'~AN, ~WNTAEA, ATf0 T'TAY TT-\Al'TSPOTIT, DISTHIBUTE AND SELL GAS. It was moved by Commissioner Sedivy, seconded by Commissioner Staudaher, I that the resolution be passed and adopted and December 6th, 1960 be scheduled tho date for holding the election, and the motion was carried by the follow- as ing Aye and 'No vote: those voting Aye being Mayor Swanson, Commissioner Sedivy and Commissioner Staudaher; those voting No, none. ')7(} ~-' .. Reports The following reports were presented: Director of Finance Director of Public Works Police Judge Cemetery Water Collector Sanitarian Upon the recommenda tion of the Ci ty Manager, it was moved bj~ CaIT'missioner .. Sedivy, seconded by Commissioner Staudaher, tha t the reports be approved and flIed and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Swanson, Commissioner Sedivy and Commissioner Staudaher; those voting No, none. Resolution for Purchase of Road Oil A resolu tion authorizing the Ci ty Manager to pUl~chase not to exceed 25,000 gallons of road oil during the year July 1, 1960 to June 30, 1961, for use by the Street Department in repairing pavement and for sealing certain sections of existing pavement within the City, from the Montana State Highway Department was presented as follows: RES 0 L .!! 1. ION WHEREAS the City of Bozeman will have need during the fiscal year July 1, 1960-June 30, 1961, for road oils for use in repairing streets and for sealing certain section of existing pavement with- in the City, and WHEREAS the City of Bozeman does not have proper facilities for handling and storing the needed , quantities of oils, and . I v~rlEREAS the Montana State Highway Depart- . ment does have storage facilities and normally does have quantities of the required types of oils stored in Bozeman from which it can supply the quantities needed by the City of Bozeman, NOW, THEREFORE, BE IT RESOLVED: That an emergency does exist relative to the procurement of road oils by the Ci ty of Bozeman f and the Ci ty ~,~anager is hereby au thorized to pl1.rchase from the Montana State Highway Department, fro~ its stocks in storage in Bozeman, approximately twenty- five thousand (25,000) gallons of road oil, this to be purchased from ti~e to time during the fiscal year July 1, 1960 - June 30, 1961, as needed by the City of Bozeman for repalr and sealing of existing pavements, and these quantities of road oils to be purchased at cost plus normal handling charges. Passed and adopted by the City Commission of Bozeman, Montana, at a regular meeting of said CommissjJm held on the 20th day of July, 1960. sf Arnold M. Swanson ARNOLD ~,T. S',":fANSON Mayor CITY OF BOZmll\.H, ~,WN'I'ANA . ATTEST: sf c. X. Wilson c. K. WILSON Clerl{ of the City Commission City of Bozeman, Montana It was moved by Commissioner jtaudaher, seconded by Commissioner Sedivy, that the resolution be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Swanson, Commis- sioner Staudaher and Commissioner Sedivy; those voting No, none. 2RO Purchase of Water Meters The Ci ty ~,Ianager reported that the Water Department bas need for an addi- tional supply of water meters and requested authority to plrchase 35 (3/4") water meters at an estimated cost of $26.00 each, or an approximate total amount of ;lP910. 00. It was moved by Commissioner Sedivy, seconded by Commissioner Staudaher, ""'lit tha t the C:t ty Manager be au thoI'ized to purchase the meters and the motion was I carried by the following Aye and No vote: those voting Aye being Mayor Swanson, Cownissioner Sedivy and Commissioner Staudaher; those voting No, none. Bids for Fluorine The City Manager reported that the Water Department has need for an addi- tional supply of sodium silicofluoride and recommended that the Clerk of the Cotrlr1is- sion be directed to advertise for bids to be opened, August 3rd, 1960, for the pur- chase of 40,000 Ibs. (minimum carload) of this material at a total estimated cost of approxima tely ~~3, 900 .GO. It WRS moved by Commissioner Staudaher, seconded by Commissioner SediVY, that the reco111.'Ylendation of the City Manager be approved and the motion was carried by the fOllowine; Aye and No vote: those voting Aye being Mayo::.'" Swanson, Commissioner Staudnher and Comrdssioner Sedivy; those votinG No, none. Ordinance No. 822 -- Control of Dogs and Other Animals The Commission reviewed and discussed the natter of selecting the most suit- able date to refer Ordinance No. 822, an ordinance pertaining to the control of dOGS and other animals wi thin the Ci ty, to a vote of the electors of Bozeman. It I was moved by Con~18sioner &ed~vy, tha t the Connnission action of June Is t on this subject be rescinded, and Ordinance No. 822 be referred to the electors at a speo- ial olection of the City scheduled to be held December 6th, 1960 . The motion was seconded by Cort'l;dssioner Staudaher nnd carried by the following Aye and No vote: those vot,lng Aye beinG 1:ayor Swanson, Comnissloner Sedivy and Commissioner Staudaher; those voting No, none. Resigna tion of Robert J/i. Holter as Police Judge There was read a letter dated July 20, 1960 from Robert ~. }loIter tendering his res:lgnat:lon from the position of Police Judge of the city of Bozeman to be effective July 31, 1960 or as soon thereafter as his replacement can be secured. Judge Holter stated in his letter tbat submission of his resignation was required by the requirements of his private legal practice and due to his acceptance of a position as part time Deputy County Attorney of Gallatin County. It was moved b::r Comn:l.ss ioner Sedivy, seconded by COmr:lissioner staudaher, that !':r. Holter's r<Jsignation be accepted and there be extended to Mr. Holter an expres- sion of the City Commission's profound appreciation of the exemplary manner in I which he has conductecl the Police Court and for the outstanding service he has rendered to this communl ty, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Swanson, Commissioner Sedivy and Commis- sioner Stauuaher; those votine No, none. Sewerage Systems to Serve Areas 011 ts ide the City Limits of Bozeman -- Areas North of Babcock Street and West of Bozeman and the Durston Road Vicinity Deputy City Attorney Berg reported that, as directed, he had consulted with ;~81 the County Attorney's office and that a joint study was made of the provisions of I:.Tontana laws for establishment of special improvement districts for the construction and maintenance of water and sewerage systems for areas outside the limits of In- .. corporated Cities and Towns, and of provisions in regard to the connection of such I nystems to the systems of such Cities and Towns. As the result of these studies, Mr. Berg stated that the laws make amr,le provision for the creation of such dist- ricts and their assessments by the Board of County Commissioners. He then gave as his opinion tha t the connec tion of such rural dis tric ts to facilities within the City, and the transfer of assessment rolls to the City at such time as such rural districts may be incorporated within the ci ty 1imi ts, wO\lld be a ma tter of mu tual agreement between the Board of County Commissioners and the City Commission. Adjournment There being no further business to come before the COnLmiss ion a t this time, it was moved by Commissioner Staudaher, seconded by Comn::i.ssioner Sedivy, that the meeting adjourn and the motion was carried by the following Aye and No vote: those voting Aye being Ea~or Swanson, Commissioner Staudaher and Commissioner Sedi vy; those voting No, none. ~~~~ .. -( .z-- ..~ .. Ma yor I A 'T"T1~ ~ T" 0'- ~ ........ ~)~~ ..... - V, .... Jd-7~ . lerk-of e i y COIT1'11:i.ssion -- -- - - - - ..--- I