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Bo zeman, Montana
September 24, 1958
The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall
Building, Wednesday, September 24, 1958, at 1:00 o'clock P. M. Present were Mayor Erwin, Commissioner
Swanson, Commissioner Berg, City Manager Henderson, City Attorney Lovelace and the Clerk. The follow-
ing proceedings were had:
Minutes of the last regular session were read and it was moved by Commissioner Berg, seconded I
by Commissioner Swanson, that the minutes be approved as read and the motion was carried by the
following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner
Berg; those voting No, none.
Offer of Montana Flour Mills to Sell Ditch & Water Rights
C. G. McClave, President, Montana Flour Milling Company, was present in regard to their offer to
sell their water rights in Bozeman Creek, and ditch rights in the McAdow Ditch. He stated a nominal
value of $500.00 had been set for these rights, that the City could use the ditch to by-pass flood
waters and for beautification of Lindley Park, that the ditch has no commercial value to his organiza-
tion and lfJOuld relieve them of watching the ditch and answering complaints regarding it. It was
pointed out that the City would have no interest in that part of the ditch that it used for carrying
irrigation water to the Sande property east of the City. After discussion, it was decided to contact
Mr. Sande to see if he would be interested in taking over that part of the ditch which is used to
carry the water to his property before any further action is taken.
Resolution No. 917 - Assessing S. I. D. 391
This was the time and place set for hearing protests to levying assessments for Special Improvement I
District No. 391. Affidavit of publication of the Notice was presented. No one was present to pro-
test and, no protests having been filed, Resolution No. 917, provisionally adopted at the regular
meeting held September 17th, 1958, was presented for final passage. It was moved by Commissioner
Swanson, seconded by Commissioner Berg, that the resolution be finally passed and adopted and the
motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner
Swanson and Commissioner Berg; those voting No, none.
Resolution No. 918 - Assessing S. I. D. 395
This was the time and place set for hearing protests to levying assessments for Special Improve-
ment District No. 395. Affidavit of pUblication of the Notice was presented. No one was present to
protest and, no protests having been filed, Resolution No. 918, provisionally adopted at the regular
meeting on September 17th, 1958, was presented for final passage. It was moved by Commissioner Berg,
seconded by Commissioner SWanson, that the resolution be finally passed and adopted and the motion
was carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner
Swanson and Commissioner Berg; those voting No, none.
Resolution No. 919 - Assessing S. I. D. 397
This was the time and place set for hearing protests to levying assessments for Special Improve- I
ment District No. 397. Affidavit of publication of the Notice was presented. No one was present and,
no protests having been filed, Resolution No. 919, provisionally adopted at the regula~_me~t~ng on
September 17th, 1958, was presented for final passage. It was moved by Commissioner _ Swanson,
seconded by Conunissioner Berg, that the resolution be finally passed and adopted and the motion was
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carried by the following Aye and No vote: those voting Aye being Mayor Erwin, -=2onun1ssioner Swanson
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and Commissioner Berg; those voting No, none. -
Resolution No. 902 - Assessing S. I. D. 390
This 'Was the time and place set for hearing protests to levying assessments for Special
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Dnprovement District No. 390. Affidavit of publication of the Notice was presented. No one was
present to protest and, no protests having been filed, Resolution No. 920, provisionally adopted at
the regular meeting on September 17th, 1958, was presented for final passage. It was moved by
ConunissionerBerg, seconded by Conunissioner Swanson, that the resolution be finally passed and adopted
and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Erwin,
I Conunissioner Swanson and Commissioner Berg; those voting No, none.
Bids for Truck - Park Department
Bids for a truck to be used by the Park Department which were received at the meeting of September
10th, 1958 were further considered. It was moved by Conunissioner Swanson, seconded by Commissioner
Berg, that the bid of the Northern Auto Company, being the lowest bid, be accepted and the motion was
carried by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson
and Commissioner Berg; those voting No, none.
Planning Funds for Sewer Facilities
Wn. Parker of Harold Hoskins & Associates was present and explained that his organization has
gathered sufficient information to make an application to the Housing and Home Finance Agenc.y for
planning funds for a survey of needed sewer facilities within and immediately adjacent to the City.
Street Light - Mendenhall & 10th
Request for an intersection light at Mendenhall and Tenth Avenue was reported. It was moved by
Commissioner Berg, seconded by Commissioner Swanson, that the City Manager be authorized to have the
Montana Power Company install a light at this intersection and the motion was carried by the following
Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and Commissioner Berg;
I those voting No, none.
Temporary Use of Lots in Block G, Original Townsite, for Building Purposes
A communication was read from Kenyon-Noble Lumber Company requesting temporary use of Lots 13 to
18 inclusive in Block G, Original Townsite, for the storage of material and equipnent and for the
conduct of certain phases of their business during construction of their new building in this block.
After consideration, it was moved by Commissioner Swanson, seconded by Conunissianer Berg, that the
request be granted until July 1, 1959 or until the completion of the building, which ever shall come
first, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor
Erwin, Conunissioner Swanson and Commissioner Berg; those voting No, none.
HandJing of C. P. C. Funds by Trustee Bank
A communication from the State Examiner's Office was read, stating the Montana statute makes no
provision for the City to turn over the handling of Cemetery Permanent Care Fund monies to a trustee bank
and that it must therefore be considered illegal for cities to do so. The City Manager was instructed
to look into the matter of having proper legislation prepared and sponsored in the next session of the
Montana legislature to give cities and towns this needed authority.
Resolution No. 921 - Weed Assessment - Provisional Passage
I Resolution No. 921 levying assessments for weed cutting in the amount of $109.02 for the year 1958
was presented, entitled:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN LEVYING AND ASSESSING A SPECIAL ASSESS-
MENT OF TAXES UPON CERTAIN PROPERTIES IN THE CITY OF BOZEMAN, COUNTY OF GALLA TIN, STATE OF
MONTANA, TO DEFRAY THE COST OF EXTERMINATION AND REMOVAL OF NOXIOUS WEEDS FOR THE YEAR 1958
PURSUANT TO THE PROVISIONS OF ORDINANCE NO. 428 ENTITLED: "AN ORDINANCE DEFINING AND PROVID-
ING FOR THE PUNISHMENT AND ABATEMENT OF CERTAIN NUISANCES."
It was moved by Commissioner Swanson, seconded by Commissioner Berg, that the resolution be pro-
visionally adopted and the motion was c~arried by the following Aye and No vote: those voting Aye
being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none.
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Resolution No. 922 - Assessing S. I. D. 394 - Provisional Passage
Resolution No. 922 levying assessments for construction of Special Improvement District No. 394
in the amount of $11,345.30 was presented, entitled:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A
SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMmT DISTRICT NO. 394
IN THE CITY OF BOZEXAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CON-
STRUCTING AND MAKING THE IMPROVFXfi}JTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 394.
It was moved by Commissioner Berg, seconded by Commissioner Swanson, that the resolution be pro- I
visionally adopted and the motion was carried by the following Aye and No vote: those voting Aye being
Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none.
Resolution No. 923 - Assessing S. I. D. 3g6 - Provisional Passage
Resolution No. 923 levying assessments for construction of Special Improvement District No. 386
in the amount of $23,024.56 was presented, entitled:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, M:>NTANA, LEVYING AND ASSESSING A
SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMllNT DISTRICT NO. 386
IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CON-
S'l'RUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 386.
It was moved by Commissioner Swanson, seconded by Commissioner Berg, that the resolution be pro-
visionally adopted and the motion was carried by the following Aye and No vote: those voting Aye being
Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none.
Resolution No. 921,. - Assessing S. I. D. 389 - Provisional Passage
Resolution No. 924 levying assessments for construction of Special Dnprovement District No. 389
in the amount of $40,610.09 was presented, entitled:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOzma.N, MONTANA, LEVYING AND ASSESSING A
SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROV>>mNT DISTRICT NO. 389
IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF OON- I
STRUCTING AND MAKING THE IMPROv:E:M:mTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 389.
It was moved by Commissioner Berg, seconded by Commissioner Swanson, that the resolution be pro-
visionally adopted and the motion was carried by the following Aye and No vote: those voting AYe being
Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none.
Resolution No. 925 - Assessing S. I. D. 401 - Provisional Passage
Resolution No. 925 levying assessments for construction of Special Improvement District No. 401
in the amount of $8,666.36 was presented, entitled:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, K>NTANA, LEVYING AND ASSESSING A
SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 401
IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF OON-
STRUCTING AND MAKING THE IMPROV>>mNTS WITHIN SAID SPECIAL IMPROVEm.'NT DISTRICT NO. 401.
It was moved by Commissioner Swanson, seconded by Commissioner Berg, that the resolution be pro-
visionally adopted and the motion was carried by the following Aye and No vote: those voting Aye being
Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none.
Resolution No. 926 - Assessing S. I. D. 385 - Provisional Passage
Resolution No. 926 levying assessments for construction of Special Improvement District No. 385
in the amount of $5,718.02 was presented, entitled:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, IDNTANA, LEVYING AND ASSESSING A I
SPECIAL ASSESSMENT OF TAXES UPON AU. THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 385
IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF KlNTANA, TO DEFRAY THE COST OF CON-
STRUCTING AND MAKDlG THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 385.
It was moved by Commissioner Berg, seconded by commissioner Swanson, that the resolution be
provisionally adopted and the motion was carried by the following Aye and No vote: those voting Aye
being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none.
Resolution No. 927 - Assessing S. I. D. 404 - Provisional Passage
Resolution No. 927 levying assessments for construction of Special Improvement District No. 404
in the amount of $10,189.78 was presented, entitled:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A .1Ui
SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 404
IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CON-
STRUCTING AND MAKING THE IMPROv>>tENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 404.
It was moved by Commissioner Swanson, seconded by Commissioner Berg, that the resolution be
provisionally adopted and the motion was carried by the following Aye and No vote: those voting Aye
being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none.
I Resolution No. 928 - Assessing S. I. D. 405 - Provisional Passage
Resolution No. 928 levying assessments for construction of Special Improvement District No. 405
in the amount of $20,499.41 was presented, entitled:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, I<<)NTANA, LEVYING AND ASSESSING A
SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL DfPROVEMENT DISTRICT NO. 405
IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CON-
STRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 405.
It was moved by Commissioner Berg, seconded by Commissioner Swanson, that the resolution be
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provisionally adopted and the motion was carried by the following Aye and No vote: those voting Aye
being Mayor Erwin, Commissioner SWanson and Commissioner Berg; those voting No, none.
Resolution No. 929 - Assessing S. I. D. 403 - Provisional Passage
Resolution No. 929 levying assessments for construction of Special Improvement District No. 403
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in the amount of $17,956.51 was presented, entitled:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, K)NTANA, LEVYING AND ASSESSING A
SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPRO~T DISTRICT NO. 403
IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CON-
STRUCTING AND MAKING THE tMPROV>>mNTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 403.
It was moved by Commissioner Swanson, seconded by Commissioner Berg, that the resolution be
provisionally adopted and the motion was carried by the following Aye and No vote: those voting Aye
I being Mayor Erwin, Commissioner Swanson and Commissioner Berg; those voting No, none.
Adjournment
There being no further business to came before the Commission at this time, it was moved by
Commissioner Swanson, seconded by Mayor Erwin, that the meeting adjourn and the motion was carried
by the following Aye and No vote: those voting Aye being Mayor Erwin, Commissioner Swanson and
Commissioner Berg; those voting No, none.
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. Mayor
ATTEST:
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Clerk of the City Commission
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