HomeMy WebLinkAbout1953-01-15
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Bozeman, Montana
July 15, 1953
The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall
buildinr, Wednesday afternoon, July 15. 1953 at 1:00 o'clock P. M. Present were Mayor Secor,
Commissioner Lowe, Commissioner Erwin, City Manager Henderson. City Attorney Lovelace aIld the Cle rk
when the following proceedine;s were had:
Minutes of the last reg;ular session of July 8th were read, and it was moved by Commissioner Lowe,
seconded by Commissioner Erwin, that the minutes be approved as read, and the motion was carried by
the f'ollowin:;:: Aye and No vote: those votinc Aye beinl"' Mayor Secor, Commissioner Lowe, Commissioner
Erwin; those voting No, none.
Minutes of the SIedal Meeting held Monday. July 13. 1953 were read, and it was moved by
Corrunissioner Erwin, seconded by Commissioner Lowe. that the minutes be approved as read, and the motion
was carried by the following, Aye and No vote: those voting Aye being Mayor Secor, Commissioner Lowe,
Commissioner Erwin; those votinp~ No, none.
lreliminary Report of Cash ShortagGs
The Gj,ty Mansp:,er. to[ether with A. J. Kalberg, Deputy State Examiner, gave the Commission a
verbal report on developments in the case perta mine; to shortages and irreculari ties in ci ty accounts.
A written prelimin8ry report from A. J. Kalberg, and Harding Hanson. Defuty State Examiners, was
presented as follows:
July 15, 1953
'1'0 the Honorable Mayor
and Councilmen of the
City 01 Bozeman,
Bozeman, MontaIffi:
Sirs:
This is GO advise ths.t as of' this date in the course of the annual examination of
the accounGS and records of the City of Bozeman. e discrepancy has been found in
the General Cash Funds of the said Ci ty of Bozeman. This shortage now amounts to
apJ:-roxima tely $66,118.91, subject to further investigat ion.
Respectfully submitted,
s / A. J. Ke1 berv
li-.-J-: Ka iberP'c-;--~--
Deputy State Exami,ner.
__"~~!~!.~::~L, Ii ans on
Hardinv Hanson.
Deputy State Examiner.
iihile some eddi tional details as to the operations of D. L. Henry have been learned, the man has not
been apprehended. It is known that he had opened accounts in banks in Helena. Butte and Spokane,
under names of fictitious com,panies, that there is a balance of ~600.00 in one such account [,t the
First Nation81 Bank of Belena and there may be similar balances in other banks. It is also known that
D. L. Henry h&s p'one from Tlozeman to Helena, Butte, Spokene and Seattle and that, on or about July
8th, 1953, he Ie ft the Lincoln car, which he was drivinf~ when he left BozemfHl. in Seattle and is
SUPFosed to have vone by airplane to California.
Notification to Bondin2, Ccnnp8ny of the City Manager
'The City Manager broue;ht up the point that. since the shortag;es in c:i ty accounts mir;:bt affect
nis I,osition $S well as the position of every other person in administrative rosition in this citv,
it would be wise to notify the local agent for trle Hartford Accident and Indemnity Co.. who furni shed
the nand for him, of the rresent situation. Mayor Secor wa.s instructed by the City Commission to
vive :preliminHry notice to the local H~ent of the Hartford Accident & Indemnity Company reE:.ardinc: the
shorteg,es.
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City Attorne;/ to NeGoti.ate with C. 1. T. for Equity in Henry's Car
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It beinc known that D. L. Henry has left a 1952 Lincoln automobile in Seattle, J:resumanly for 8818
for his credit, and that ne hb.d purchased this car from the Fox Motor Co. of Bozeman under a tim8
payment J-lan iinancpo throur,h the C. T. T. :Hnance Companv, the City Attorney was instructed +'0
negotiate with C. I. 1'. to recover., if rossible, on any equity which D. L. Henry may have in this car.
ResDlution No. '742 -- Attachment of lroperty of D. L. Henry
It being known that D. L. Henry is a}rarently responsible for discrepancies in accounts and large
shortal"es in the funds of the City of Bozeman and that the said D. L. Henry has assets in the Stete
of MnntAna, and that it is advisable and necessary to take immediate end emerF;ency action to seize
these assets for the City of Bozeman, Resolution No. 742 was presented, the title of said resolution
being- as follows:
A RBSOLTJ'T'ION OF 'rFH;GI'T'Y COMMISSION OF THE CITY OF ROZEMAN, M0iI1TANA, AUTHORTZIFG THF' MAYOR
OF' 'rpH~ CITY OF BOZEMAN TO F:X:~~CUTE AN AFFLICATION FOR AN mm~R'T'AKIJ\TG 0T'.] AT'T'M:fl1IH~1\IT FOR AND
ON BKHALF OF THP SAID {;ITY OF POZm'AN, IN TH"l<; MA'T''f'RR OF' 'T'H"': crIT OF BOZB~tAN, fLAINTIFF', VS.
DON ALD 1. HRNRY, ALSO nmVi'N AS D. L HENRY, ALSO KNmm AS AND ro ING RUSHl1<;SSAS 1\:O~TH1JIlH::ST
CONSTHrTCTION AND F.Ql1IPME:NT COMFMY AND MONTANA EQUIPMENT CmWIINY, DRF8NDANT.
It was moved by Cornmissioner Erwin, seconded by Commi~sioner Lowe, that Resolution No. 742, 8S
presented, be passed and adopted and the motion was carried by the t'ollowin", Aye and No vote: those
vothw Aye bein[ Mayor Secor, Commissioner Lowe, Commiss ioner Erwin; those vot-1m' No, nonA.
Rerort
The reports of the Sewage Plant Operator for the months of Avr il, May and ,JunA, 1953 was presenteo.
It WAS moved by Commissioner Lowe, secondAd by Commissioner ErWin, that the reports be accepted end
ordered filed and the motion WAS carried by the followine;A.ye and No vote: those votinf:Aye being
Mayor Secor, COIllmiss ioner Lowe, Commissioner Erwin; those votinrr, No, none.
Cornlnunicbtion: Re Mersuee at Croff's
F;xchanp:e of correspondence between the Ci ty ManaF;er and Geort:e Doerint', ,Jr., rela tive to the
marquee on the buHdinl' at BlBck and Main. owned by Mr. Doerinl': and occupied by Croff's, was read.
As directed by the City Commission. the City Manager had notified Mr. Doerinr: that the marquee on triP
west side of this buildin:"" will interfere wi th the installBtion of a new traffic ~ontrol sip;nAl and
the marquee will therefore have to be removed or decreased in width.
City-County Haalth Department Budget
j\ pcoposed budget fo r the Ci ty-County Health Unit weB discussed. County Commissi oners of Gall Fl. tin
County hElve recommended that, since the BIIlount to be received from the State of' Montana for -Chi s budr:et
will be af,rroximately $900.00 less than for the precedinl': year and because the proposed budr;et I'rovides
for increased salaries for all employees in the department the shere paid by the City of Bozeman for
operation of the City-County Health Unit for the fiscal year 1853-54 be increased $300.00 over the
shere raid in the preceding year. It wes moved by Commissioner Lowe, seconded by Commissioner Erwin, that,
if the budl~et as proposed by the City-County Board of' Health is adopteo by the County Commissioners of
Gallatin County and, if the finances of the City of Bozeman are adequate, the share of this budr;et to
be paid by the City of Bozeman in the fiscal year, 1953-54, will he raised $300.00 to make the total
payment $2,700.00 and the motion was carried by the followint: A,ye and No vote: those votine' Aye beinf
M!Jyor Secor, Corr.missioner Lowe, Commissioner ]o~rwin; those vou. ne; No, none.
Restrictions for Irrigating
In order to maincain water pressure and have en equitable distribution of water for all users, a
proposed order restrictin~': days on which water users can use water for irril'~ation purposes was read.
This order would permit houses with even numbers to water on even numbered days, and houses with odd
numbers Lo water on odd numbered days, the hours for waterinp; being 6:00 A. ~,1. to 10 P. M.
It was moved by Commissioner grwin, seconded by Commissioner Lowe, that the City Man8i,;er be
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authorized to restrict use of water as per this proposed order, and a publication be made of said
notice. and the motion was carried by the io11owinr: Aye and No vote: those voting Aye beint!; Mayor
Secor, Commissioner Lowe, Commissioner Erwin; those voting No, none.
Request from Jaycees for Ticket Booth on Sidewalk
A request from the Jaycees to erect a ticket booth on the sidewalk in the business district for the
pre-sale of tickets three days prior to the circus beinl':: sponsored by their organization was presented.
It was moved by Commi ss ioner Lowe, seconded by Commissioner Erwin, tha t the request be r;ranted and the
motion was carried by the following Aye and No vote: those voting Aye being Mayor Secor, Corrunissioner
Lowe, Commissioner Erwin; those votinf No, none.
Mi s c .',1 & C 1953 -- Order to RepEli I' or Construe t New Vvalk
The City EnGineer, under the rrovisions of Section 11-2226 R. C. M. 1947, relatinc; to the con-
struction of Walks & Curbs without the formation of a Special Improvement District and the rrovigj Qns and
authori ty of Section 11-967, R. c. M. 1947, and the [rovisions of Ordinance No. 561 of the City of
Bozeman, having; submi. tted his report for 1953 of inspection of walks and curbs in the Ci ty and his
recommendations in detail wi tb reference to needed repairs and new installation; and tlle City Manager
havinf stated that he has checked the report and made personal inspection as to the repairs and
installations thereby recommended, and recommends the adoption of the report as made.
It was moved by Commissioner Lowe, seconded by Commissioner Erwin, that the report of the Citv
Enf':ineer &s to the rere-ir and installation of Misc. W & C for 1953 be a,nd the serne is hereby accepted,
approved, adopted and ordered filed. Said adopted report of the City Engineer 1,s hereby referred to
and made a part of this minute entry by such adoption and reference for the purpose of desiGnating
and indentifyiny the streets and avenues on whieh such new installations or repairs are to be made and
such new installations or repairs are hereby ordered to be made under and pursuant to the provisions of
Sections 11-967, and 11-2226 R. C. M. 1947, and Ordinance No. 561 of the City of Bozeman and the City
Manarer is hereby instructed to ",ive, or cause to be riven, to each owner or agent of such owner, or
either, of the pro:perty alonr; which such new installation or repai r is to be made, written or printed
notice of such order, as required by the provisions of said Section 11-2226 R. C. M. 1947, and of
Ordinance No. 561 of the Citv of Bozeman and such new installations or repairs are hereby ordered to
be made within thirty days from the date of such notice, and the motion was carried by the following;
Aye and No vote: those votini': Aye beinf'; Mayor Secor, Commissioner Lowe, Commissioner ~~rwin; those
votin~ No, none.
Blocking Street for Liquidation Sale
A request to block South Church Avenue from Babcock street to the alle y south of 11'1ain Street
durinf: en auction sale for liquidation purposes at the Olson Motors, 25 South Church Avenue, wes
presented. It was moved by Commissioner Erwin, seconded by Commissioner Lowe, that the request be p;ranted
if the police DelBrtment finds that such action becomes necessary for the safety of the public and the
motion was carried by the following: Aye and No vote: those voting Aye beinr; Mayor Secor, Corrunissioner
Lowe, Commissioner Erwi nj those voting No, none.
Resolution No. 7'67 -- Gres ting S. I. D. 371
The Manag'er stfited trot the City Attorney as instructed has prepared the resolution creating
Special Improvement District No. 371, paving on South Third Avenue from Garfield Street to Lincoln
Street. He presented Resolution No. 737, entitled:
A R~SOl,1!TTON OF' T"F"rr.; CITY C01\;iMISSION OF TIm CITY OF BOZ~]IflAN CR8ATING A SPRCIAL IMPROV~lIIfl<lNT
DISTRICT TO B1<~ KNOWN Af, SPECIAL IMlFROVF.MENT DISTRICT NTTMRBR 371 OF THE CITY OF' BOZF.]\JlAN FOR
'T'FIi: PTTRfOSE OF CONSTRnCTING AND INSTALLING A fAVF.M~NT H?O.JF.CT 01\' SOUTH THIRD AV~NUE FROM
GARFIELD STREET TO LINCOLN STREET, SAID PAVJ<;1'lENT PRO,IECT TO INCLTT1}"~ THE C,)}'STRTJCTJON AND
INSTALLATION OF A STORM S'8VIfER LIN"; FROM GAllFI"TI:, D STREET TO GRANT STREET, COMBINED CONCRETE
CURBS Al'm GUTTERS, SEU;CT GRAVln, BASE, CRUSHED GRAVF.L cnSFTON COURSE, AFD BTTTT1\r1INOUS
STTRFAC-: COTTRSE TN SAID CITY.
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It was moved by Commissioner 1<;rwin, seconded by Commissioner Lowe, that the Resolution be
passed and adopted and Atwust 5th, 1953 be set as the date for the opening of bids, and the motion
was carried by the tollowin/!; Aye and No vote: those voting Aye bein/!: Mayor Secor, Corrmdssioner Lowe,
Commjssioner Erwin; those votinG No, none.
RJsolution No. 738 -- Cr8atin~ s. T. D. 372
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The Manef':er stated that the Ci ty Attorney as instructed has prepared the resolution creati Yl!';
Special Improvement District No. 372, paving on South Fifth Avenue from Garfield to Lincoln Street.
He presented Resolution No. 738, entitled:
A R!?SOl,lJTION OF THR CITY COMMISSION OF 'l'Hli.: CITY OF' BOZEMAJI. CREATING A S:P1<;CIAL IMi'lIDVEMENT
DISTRICT TO BF~ KNOVm AS SF~ IAL IMPROVF:M~;;NT DIST'l?IC T NUMBER 372 OF TP~ C TTY OF BOZF,MAN FOR
THE fUR.FOS F, O'F' 00 NSTRUCTING Alj D INST ALlL ING A FA V~~ENT FRO.JEeT ON SOP'T'P FIFTH AVF}JUF: FROM
GAR FTl!:LD STREET TO LTVCOLN STREET, S-,UD PAVEMENT PRO,TEGT TO H'CLUDF. TPE CONSTRUCTION AND
TNSTALLATION OF A STO:~N SEWER LINEF'ROM GARFIELD STRE'F:T TO GRANT STREW!', COMRINF:D CONCRETE
CURBS AND GTlTTERS, SEl,ECT GRAVJ<;I, BASE, CRTTSHED GRAVllIT, cnSPTON con~s-w" AND 8TTl'l~T}lOUS ST'R-
FACE C01TPS;.~, IN SAID C TTY.
It was moved by Cormnissioner Lowe, seconded by Commissioner Erwin, that the resolution be
passed and adopted and August 5th, 1953 be set as tne date for the or en in::, of bids, and the motion we.s
carried by the following Aye and No vote: those voting- Aye beinr Mayor Secor, Commissioner Lowe,
Commissi oner Erwin; those voting No, none.
COI;llnurliceLion from County Treasurer Re: Tax ExemI-,t Licenses
A communication from the County Treasurer was read, statinr that in the future all applications
for tex exempt CAr licenses will have to be accomranied by the certificate of title.
Adj ourTunent
There beinr: no further business to come before the Commissi0n at chis time, it was moved by
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Cormnissioner Lowe, s8ronded by Commissioner ~rwin, that the meetirw adjourn, end the motion wes
carried b;v the followinr: Aye and N:::> vote: those votin[" Aye beinr; Mayor Secor, Commissioner Lowe,
Cornmissi0ner Erwin; those votinv No. none.
0.!l t~
M(yor
Attest:
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Clerk of the CJty Cornmlss1on
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