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Home My WebLink About1954-03-24 B4!} Bozeman, Montana March 24, 1954 The Commission of the City of Bozeman met in regular session in the Commission Room, City Hall Building, Wednesday afternoon, Maroh 24, 1954 at 1:00 o'clock P. M. Present were Mayor Lowe, Commissioner Erwin, Commissioner Healy, City Manager Henderson, City Attorney Lovelace and the Clerk, when the following proceedings were had: I Minutes of the last regular session were read, and it was moved by Commissioner Erwin, seconded by Commissioner Healy, 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 Lowe, Commissioner Erwin, Commissioner Healy; those voting No, none. Henry Case -- He: Releasing of Commercial National Bank Ci~ Attorney Lovelaoe advised the Commission that pursuant to the action taken by the Commission at its meeting of March 17 conoerning the acceptance of an offer of settlement by The Commercial National Bank in connection with the D. L. Henry matter, a Release had been submitted to him by George Horkan, Attorney for the Bank's insurer, releasing the Bank and its insurer in consideration of payment on the settlement. Mr. Lovelace further advised the Commission that in his opinion the Release con- tained language which was objectionable and that he could not recommend that the Release be executed by the Mayor and Clerk in that form. Sinoe there are other claims outstanding in connection with the Henry matter, the settlements of which appear to be imndnent, Mr. Lovelace recommended, and it was regularly moved by Commissioner Erwin, seconded by Commissioner Healy, that no releases in matters relating to the Henry case be executed by the Mayor and Clerk for and on behalf of the City of Bozeman until all such claims, including that of the City against the Commercial Bank, are settled in full I simul taneously. The motion was carried by the following Aye and No vote: those votinG Aye being Mayor Lowe, Commissioner Erwin, Commissioner Healy; those voting No, none. Bonds, Endorsements to Increase Amounts -- Henderson, Moore and Morrison There were presented, from the Hartford Accident and Indemnity Company, endorsements to the following bonds: Bond No. Principal Date of Bond Amount of Bond Bond raised by this Indorsement to: 2536311 Maurice E. Henderson August 15, 1953 $2,000.00 4;20,000.00 2759930 H. Dean Moore August 1, 1953 2,000.00 15,000.00 2098695 Helen O. Morrison August 1, 1953 2,000.00 10,000.00 These increased amount of bonds are in accordance with the schedule set by the City Commission on January 20, 1954. The indorsements were approved as to form by the City Attorney whereupon it was moved by Commissioner Erwin, seconded by Commissioner Healy, that they be approved and accepted and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Commissioner Healy; those voting No, none. Examination of De~ository Bonds I In compliance wi th the provisions of Section 16-2618 R. C. M. 1947, the City Commission examined the receipts of the Federal Reserve Bank of Minneapolis for the De~ository Bonds held by the Director of Finance as security for city funds deposited in the Bozeman banks. The Commission finding the securities as listed, it was moved by Commissioner Erwin, seconded by Commissioner Healy that the receipts are hereby accepted and approved and that they be entered in full in the minutes and the motion was oarried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin, Comndssioner Healy; those voting No, none. (see next page for listing) '3-0 tn DEPOSITORY BONDS & SECURITIES Par Total Value Amount COMMERCIAL NATIONAL BANK, Bozeman: Federal Deposit Insurance Corporation $ 10000.00 $ 10000.00 Trusteed with Federel Reserve Bank of Minn.: U. S. Treas. Bds. of 1958; 2i%; due 12/1~58 35000.00 35000.00 u. S. Treas. Notes, Series B 1955; 1-3/400' due 12/15/55 83000.00 83000.00 U. S. Trees. Bds. of 1960-65; 2-3/4%; due 12/15/65 5000.00 5000.00 U. S. Treas. Bds. of 1952-54; 2% due 12/15/54 35000.00 35000.00 U. S. Treas. Bds. of 1952-54; 2%; due 12/15/54 30000.00 30000.00 I +198000.00 GALLATIN TRUST & SAVINGS BANK, Bozeman: Federal Deposit Insurance Corporation 10000.00 4; 10000.00 Trusteed witl. Federal Reserve Bank of Minn.: Gallatin Co. School Dist. No.7; 2% due 7/1/54 2000.00 2000.00 U. S. Trees. Note Series B-55; 1-3/4%; due 12/15/55 10000.00 10000.00 U. S. Trees. Bds. of 1952-54; 2%; due 12/15/54 25000.00 25000.00 u. S. Trees. Bds. of 1956-72; 2i%; due 9/15/72 2000.00 2000.00 u. S. Treas. Bds. of 1955-60; 2-7/8%; due 3!lX6O 1300.00 1300.00 Lewis & Clerk Co. School Dist. #1; l~; due 6 1/61 7000.00 7000.00 $ 57300.00 SECURITY BANK & TRUST COMPANY, Bozeman: Federel Deposit Insurance Corporation 10000.00 $ 10000.00 Trusteed with Federal Reserve Bank of Minn.; U. S. Treas. Bds. of 1966-71; 2~; due 3/15/71 40000.00 40000.00 U. S. Treas. Bds. of 1~58; 2~; due 12/15/58 50000.00 50000.00 $100000.00 This is to certify that we, the Commission of The City of Bozeman, in compliance with the provisions of Section 16-2618, R. C. M. 1947, have this day examined the receipts of the Federal Reserve Bank of Minneapolis for the Depository Bonds held by the Director of Finance as security for the deposit of city funds held by the several banks of Bozeman and find them to be as above stated, and are hereby accepted and approved. s/ W. G. Lowe Mayor s/ J. H. Healy Commiss ioner s/ Howard Erwin I Commissioner Dated March 24th, 1954. Application for Encroacr~nt Permit - Cash-Way Lumber & Hardware An Encroachment Permit of the Bozeman Cash-Way Lumber & Hardware Co., to remove trees and level ground and fill in the ditch in front of their property at 311 North Seventh Avenue was presented. The permit was approved by the State Highway Commission. It was moved by Commissioner Healy, seconded by Commissioner Erwin, that the pennit be ap~roved by the City Commission, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin and Commissioner Healy; those voting No, none. Protest Against Issuing License for Carnival in Residential District The Manager reported that, due to some publicity having been given to approval of a license for Q Junior Chamber of Comnlerce sponsored carnival to be held in June, he has received verbal protest against the City issuing a license for a carnival to operate on the ground between Bozeman and Black AVenue and abutting Tamarack Street on the south. This ground is in a "Dtl residence district as defined by Ordinance No. 711, the Zoning Ordinance. It is a location on which carnivals have operated many times in the past. The Manager also rel'orted that he has discussed this matter with Marvin I Tsohudin, President of the "J. C. s", who has stated that his organization will immediately look for . other ground on which a carnival can operate. No action was considered as required by the City Commission in this matter but it was agreed that a license for operation of a carnival at this 10oa- tion could not be issued except by mutual consent of all parties concerned. Report on Safety Meeting in Helena City Manager reported on the Highway Safety Meeting which he attended in Helena, on Mareh 22nd, 1964. a51 Request for "Foppy Day" V. F. W. A request was presented from Jay Schneider, Poppy Chairman.. Veterans of Foreign Wars, Post No. 903 in which it was requested that Saturday, May 22nd, 1954 be declared "VFW Buddy foppy Dayfl. It was moved by Commissioner Erwin.. seconded by Commissioner Lowe. that this request be approved and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Cowmissioner Erwin and Commissioner Healy; those voting No. none. I New Fick-up Truck -- Authority to Purchase for Water Department W. R. Border, Superintendent of the Water Department. cites the need for and recommends the purchase of a new, 3/4 Ton.. pick-up truck for his department. The Ci~ Manager pointed out that Water Department budget has f~nds from which to make this purchase. It was moved by Commissioner Healy, seconded by Commissioner Erwin, that the Clerk of the Commission be authorized to advertise for bids on a truck to meet these recommendations, these bids to be opened April 14th, 1954, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Erwin and Commissioner Healy; those voting No, none. Wholesale Beer License - Park Ice & Cold Storage Co. - laid under Protest A communication from the Park Ice & Cold Storage Co., Livingston, Montana, was read in which this company served notice the. t they were paying a wholesale beer license "Under Protest". This letter requested that the City Attorney review the laws and ordinances pertaining to licenses and, if he found that the contentloD8 of this company are correct, their license fee of $75.00 be returned. It was moved by Commissioner Healy, seconded by Commissioner Erwin, that the City Attorney reply to this letter and inform the company the. t. if they desire to test the present beer license ordinance of this I City, tiley can bring an action to do so but, until and unless such an action is brought, and decided, this City will continue to enforce its present ordinance. The motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe. Commissioner Erwin and Commissioner Healy; those voting No, none. Adj ou rnmen t There being no further business to come before the Commission at this time.. it was moved by . Commissioner Erwin, seconded by Commissioner Healy, that the meeting adjourn and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commies ioner Erwin and Commissioner Healy; those voting No. none. Attest: ~ k 0 the Cl.ty Commlssion . I