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HomeMy WebLinkAbout1953-04-08 224 Bozeman. Montana April 8. 1953 The Commission of the City of Bozeman met in regular session in the Commission Room. City Hall building. Wednesday afternoon. April 8. 1953 at 1:00 o'clock F. M. Present were Mayor Secor. Commissioner Lowe. Commissioner Erwin. City Manager Henderson. City Attorney Lovelace and the Clerk when the following proceedings were had: Minutes of the last regular session were read. and it was moved by Commissioner Erwin. seconded by Commissioner Lowe. that the minutes be approved as read. and the motion was carried by the follow- ing Aye and No vote: those voting Aye being Mayor Secor. Commissioner Lowe. Commissioner Erwin; those voting No. none. Bids for Traffic Lights The Manager stated this was the time and place set for the opening of bids for four traffic lights on Main Street. Mr. F. L. Dye lodged a verbal protest objecting to the opening of the bid of Tom Shane '\ which was filed after 1:00 o'clock P. M.. the dead line set for filing of bids in the specifications. The City Attorney advised the Commission that. under the specifications. no bid received after the time set before which bids would be received could be legally considered. He recommended that Mr. Dye file his protest in writing and that the bid of Mr. Shane be returned to him unopened. It was moved by Commissioner Lowe. seconded by Commissioner Erwin that. upon the filing of written protest by Mr. F. L. Dye. the bid of Thomas Shane be returned unopened and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Secor. Commissioner Lowe. Commissioner Erwin; those voting No. none. A written protest was filed by Mr. Dye and the unopened bid of Thomas Shane was returned to him. It was moved by Commissioner Erwin. seconded by Commissioner Lowe. that the other bids be opened and read. and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Secor. Commissioner Lowe. Commissioner Erwin; those voting No. none. The following bids were thereupon opened and read: F'. L. Dye Co.. Inc. Bozeman Electric Curley-Naylor Electric Co. $12.025.71 11.203.40 14.197.88 The bids were referred to the City Engineer for checking and the matter was taken under advisement. Claims Claims Nos. 6193 to 6232 inclusive were presented on the various funds as follows: Cemetery $ 111.36 Cemetery Suspense 248.00 Garbage 56.93 General 1, 256 .81 Library 1-51. 94 Park 83.42 Parkj,ng Meter 1.00 W-H Tax 2.129.80 Water 285.53 S. D. S. Revenue 98.41 Tot a 1 - - - - - $4.423.20 The Manager stated he has audited these claims and finds them to be true and ~wful claims against the City of Bozeman and recommends that warrants be drawn for their payment. After examination of the claims in detail by the City Commission. it was moved by Commissioner Lowe. seconded by Commissioner Erwin that the claims be approved and warrants drawn for their payment. and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Secor. Commissioner Lowe. Commissioner Erwin. those voting No. none. ReForts The following rerorts for the month of March. 1953 were presented: (listed next page) I I I Cashier Librarian Police Judge Police Chief Cemetery Board Water Collector Fire Chief Sanitary Inspector Recreation Director and the reForts of the Building Inspector and the Plumbing Inspector for the months of January, February and March, 1953. It was moved by COIlUllissioner Erwin, seconded by Commissioner Lowe, that the rel-orts be accepted and ordered filed and the motion was carried by the following Aye and No vote: those voting Aye being ~I Mayor Secor, Commissioner Lowe, Commissioner Erwin; those voting No, none. Request for Water Connection -- Hugo Eck A written request from Hugo Eck requesting a water connection for a dwelling he proposes to build outside the City Limits was presented and read. The matter was referred to the City Attorney for further investigation. Double Assessment Certain Areas in S. I. D's. The question of double assessment in Special Improvement Districts against property directly abutting on the street on which improvements are made was discussed at length. An interpretation of the law (see Section 11-2214, R. C. M. 1947) has been followed for many years in Bozeman whereby a 25 foot lot, or the first 25 feet of any property directly abutting on the street on which the improvement is made. has been the area in the improvement district on which double assessment for the improvement has been made. Since instances do arise where lots on opposite sides of the same street vary widely in width or area. double assessment on a lot basis would be unreasonable and inequitable and making the double assessment on the first 25 feet of property directly abutting on the street on which the improvement is to be made is the only fair, reasonable, and workable way in which this can be done. The question arises at this time relative to paving on South Third Avenue and South I Fifth Avenue from Garfield Street to Linooln Street. After due consideration, the City Commission instructed the City Engineer to set up these two districts on a basis where the first 25 feet of prolerty abutting the streets on which the improvements are to be made will be assessed at double the rate per square foot of area as is assessed per square foot of area against all other property in the districts, protests against establishing districts to be considered on the basis of actual area represented by such protests, and to follow this same method of assessment in Special Improvement Districts for street improvements which may come up in the future. Resolution No. 733 -- Intention to Create S. I. D. 370 'l'he Manager stated that the City Attorney as instructed has prepar ed the resolution of intention to create Special Improvement District No. 370, sanitary seWer on South Church from Story Street south approximately 400 feet. He presented Resolution No, 733. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A SPE:X;IAL IMPROVEMENT DISTRICT OF SAID CITY TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 370 OF THE CITY OF BOZEMAN" FOR THE PURPOSE OF CONSTRUCTING MJD JNSTALLING A SANITARY SEWER IN SOUTH CHURCH AVENUE FROM STORY STREET SOUTH FOR A DISTANCE OF AFPROXIMATELY IOUR HUNDRED (400) FEET, AND TO SfECIALLY ASSESS THE COST OF SUCH CONSTRUCTION AND INSTALLATION AGAINST THE PIIHERTY WITHIN THE BOUNDARIES OF SAID S:tECIAL IMPROVEMENT DISTRICT SO CREATED ON A FRONT FOOT BASIS, PURSUANT TO THE STATUTES IN SUCH CASES MADE AND PROVIDED. 1 It was moved by Commissioner Lowe, seconded by Commissioner Erwin, that the resolution be passed and adopted and April 29th, 1953 be set as the date for the hearing of protests. and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Secor, Commissioner Lowe. Commissioner Erwin; those voting No, none. Librarian to State Meeting A wri tten request from Margaret Hileman, Librarian, to attend the State Librarian's Assoc iation meeting in Missoula, May 3rd to 5th, 1953 was presented and read. It was moved by Conunissioner Erwin, seconded by Commissioner Lowe that. it being in the publio interest, Miss Hileman be authorized to ')2 r::) I~ t. 226 attend this meeting and her expenses be paid from the Library Fund, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Secor. Commissioner Erwin, Commissioner Lowe; those voting No, none. Recreation Director to Meeting in Great Falls A written request from A. Glenn White. Recreation Director, to attend the conference of the Northwest Section of Recreation Directors to be held in Great Falls, April 12th to 15th, 1953 was presented and read. It was moved by Commissioner Lowe. seconded by Commissioner Erwin. that, it being in the public interest. Mr. White be authorized to attend this meeting. and his expenses be paid from the Park Fund. and the motion was carried by the following Aye and No vote: those votinf; Aye being Mayor Secor. Commissioner Lowe. Commissioner Erwin; those voting No. none. numbing & Gas F'i tter' s Bond -- :F. J. Trunk A renewal certificate for the Gas Fitter's Bond and Plumbing Bond of Frank J. Trunk was presented. The certificates were approved as to form by the City Attorney. It was moved by Commissioner Erwin. seconded by Commissioner Lowe. that the renewal certificates be accepted and approved and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Secor. Commissioner Lowe. Commissioner Erwin; those voting No, none. Resolution No. 735 -- Intention to Create S. I. D. 371 The City Attorney as instructed has prepared the resolution of intention to create Special Improvement District No. 371. paving on South Third Avenue from Garfield to Lincoln Street. Resolution No. 735 was presented. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NUMBER 371 OF THE CITY OF' BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALL- ING A PAVEMENT PROJECT ON SOUTH THIRD AVENUE FROM GARFIELD STREET TO LINCOLN STREET. SAID PAVEMENT PROJECT TO INCLUDE THE CONSTRUCTION AND INSTALLATION OF A STORM SEWER LINE FROM GARFIELD STREET TO GRANT STREET. COMBINED CONCRETE CURBS AND GUTTERS, SELECT GRAVEL BASE. CRUSHED GRAVEL CUSHION COURSE. .AND BITUMINOUS SURFACE COURSE IN SAID CITY. It was moved by Commissioner Lowe. seconded by Commissioner Erwin. that the resolution be passed end adopted and April 29th, 1963 be set as the date for the hearing of protests. and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Secor, Commissioner Lowe. Commissioner Erwin; those voting No. none. Resolution No. 736 -- Intention to Create S. I. D. 372 The City Attorney as instructed has prepared the resolution of intention to create Special Improvement District No. 372, paving on South Fifth AVenue from Garfield to Lincoln Street. Resolution No. 736. was presented entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT 'IO BE THE INTENTION OF THE CITY OF BOZEMPJij ro CREATE A SPEC IAL IMPROVEMENT DISTRICT TO BE KNOWN AS SF'ECIAL IMPROVEMENT DISTRICT NUMBER 372 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON SOUTH FIFTH AVENUE FROM GARFIELD STREET TO LINCOLN STREET. SAID PAVEMENT PROJECT TO INCLUDE THE CONSTRUCTION AND INSTALLATION OF A STORM SEWER LINE FROM GARFIELD STREET TO GRANT STREET. COMBINED CONCRETE CURBS AND GUTTERS. SELECT GRAVEL BASE, CRUSHED GRAVEL CIJSHION COURSE. AND BITUMINOUS SURFACE COURSE. IN SAID CITY. It was moved by Corrnnissioner Erwin, seconded by Commissioner Lowe, that the resolution be passed and adopted and April 29th. 1953 be set as the date for the hearing of protests. and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Secor. Commissioner Lowe, Commissioner Erwin,; those voting No. none. Request ior Salary Increase -- Folice Department A written request from the Bozeman Police Frotective Association was read requesting a 10% increase in salary to meet the present cost of living. Members present stated the request was for an increase beginning with the new fiscal year. They were informed that the matter would be given consideration. I I I I I I Agreement -- Purchase of Water by Low Line Canal Co. An agreement. between the Low Line Canal Company and the City of Bozeman to purchase 1020 acre feet of water from the City of Bozeman of water stored in the Hyalite Reservoir. for the sum of $1.530.00 was presented and read. The agreement was approved as to form qy the City Attorney. It was moved by Commissioner Lowe. seconded by Commissioner Erwin. that the Mayor and the Clerk be authorized to sign the agreement for The City of Bozeman. and the motion was carried by the following Aye and No vote; those voting Aye being Mayor Secor. Commissioner Lowe. Commissioner Erwin; those voting No. none. Agreement -- Purchase of Water by Peter S. Dyk An agreement between Peter S. Dyk and The City of BozeIJlEl.n to purchase 30 acre feet of water from the City. which is stored in the Hyalite Reservoir for the sum of $60.00 was presented and read. The agreement was approved as to form by the City Attorney. It was moved by Commissioner Lowe. seconded by Commissioner Erwin. that the Mayor and the Clerk be authorized to sign the agreement for The City of Bozeman. and the motion was carried by the follow- ing Aye and No vote: those voting Aye being Mayor Secor. Commissioner Lowe. Commissioner Erwin; those voting No. none. Renewal of Lease -- Parking Lot of Hogan A renewal of the lease between Rose Story Hogan and the City of Bozeman for the parking lot at the corner of Black and Mendenhall Street was presented ~ld read. The ~ase was approved as to form by the City Attorney. It was moved by Coumissioner Erwin. seconded by Commissioner Lowe. that the Mayor and the Clerk be authorized to sign the lease for The City of Bozeman. and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Secor. Commissioner Lowe. Commissioner Erwin; those voting No. none. Bond of Paul R. Lee -- S. I. D. 367 the bond of Paul R. Lee for the construction of Special Improvement District No. 367 was presented. The bond was approved as to form by the City Attorney. It was moved by Commissioner Lowe. seconded by Commissioner Erwin. that the bond be accepted and approved and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Secor. Commissioner Lowe. Commissioner Erwin; those voting No. none. Adjournment There being no further business to oome before the Commission at this time. it was moved by Commissioner Lowe. seconded by Commissioner Erwin. that the meeting adjourn. and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Secor. Commissioner Lowe. Commissioner Erwin. those voting No. none. (Z. () ~ 'Mayor Attest: ~~~:On ~~27