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HomeMy WebLinkAbout1954-03-17 34() Bozeman, Montana March 17, 1954 The Commission of the City of Bozeman met in regular session in the Commission Room, Ci~ Hall Building, Wednesday afternoon, March 17, 1954 at 1:00 o'clock P. .M. Present were Mayor Lowe, Commissioner Erwin, City M8Ilager Henderson, City Attorney Lovelace and the Clerk of the Commission, absent Commissioner Healy, when the following proceedings were had: Minutes of the last regular session were read, and it was moved by Commissioner Erwin, seconded I by Mayor 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 Lowe and Commissioner Erwin; those voting No, none. Taxi Stand at Baxter Hotel to be Discontinued Mr. F'red Skoog, owner of the City Taxi, appeared before the Commission relative to proposed dis- continuance of two of the three taxi stands on the street now set aside for his taxis. Mr. Skoog stated that he was in agreement with the elimination and discontinuance of the taxi stand at the Baxter Hotel but that his business could not possibly operate without the stands now used on North Tracy Avenue. After consideration of the matter further, it was moved by Commissioner Erwin, seconded by Mayor Lowe, that the taxi stand at tile Baxter Hotel be discontinued and the motion was oarried by the following Aye and No vote: those voting Aye being Mayor Lowe and Commissioner Erwin; those voting No, none. Adjourned Public Hearing -- S. I. D. No. 376 -- laving on South Bozeman The public hearing, adjourned from the regular meeting of March 10th, 1964 regarding protests to the creation of Special Improvement District No. 376, paving on South Bozeman Avenue from Koch Street to Story Street, was continued. It was rerorted that Mr. Elliott Thompson, who had asked that the hearing be adjourned, has now stated that an agreement can not be reached regarding payment by other I property owners to help finance the district. The written protests of owners of 67.48% of the frontage in the proposed district were presented. It was moved by Mayor Lowe, seconded by Commissioner Erwin, that the }rotests be sustained and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe and Commissioner Erwin; those voting No, none. Resolution No. 760 -- Resolution Creating S. I. D. No. 376 The City Attorney as instructed has prepared the resolution creating Special Improvement District No. 376, paving on North Willson Avenue from Mendenhall Street to Lamme Street. Resolution No. 760, entitled: A RESOLUTION OF' THE CITY OOMMISSION OF THE CITY OF' BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPEX:IAL IMPROVEMENT DISTRICT NUMBER 375 OF THE CITY OF' BOZEMAN FOR THE PURFOSE OF CONSTRUCTING AND INSTALLING CONCRETE CURBS AND BITUMINOUS FAVEMENT ON NORTH WILLSON AVENUE FROM WEST MENDENHALl.., STREET TO WEST LAMME STREET IN SAID CITY. was presented. It waS moved by Mayor Lowe, seconded by Commissioner Erwin, that the resolution be passed and adopted and April 21st, 1954 be set as the date for the opening of bids, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe and Commissioner Erwin; those voting No, none. Resolution No. 761 -- Resolution Creating S. I. D. No. 761 I The City Attorney as instructed has }repared the resolution creating Special Improvement District No. 377, paving of the alley in Block A, Alderson's Addition. Resolution No. 761, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CRFA.TING A SPECIAL IMFROVEM~T DISTRICT TO BE KNOWN AS SPECIAL IMFROVEM.ENT DISTRICT NUMBER 377 OF THE CITY OF BOZEMAN FOR THE PURFOSE OF CONSTRUCTlNG AND INSTALLING BITUMINOUS PAVEMENT IN THE ALLEY RUNNING THROUGH BLOCK A OF ALDERSON'S ADDITION TO THE CI TY OF BOZEMAN, MONTANA, .AND EXTENDING FROM WEST OLIVE S'l'REET TO WEST BABCOCK STREET, IN SAID CITY. was presented. It was moved by Conwissioner Erwin, seconded by Mayor Lowe, that the resolution be passed and adopted and .April 2lat, 1954 be set as the date for the opening of bids, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe and Commissioner Erwin; those voting No, none. Gas Fitter's and Plumbing Bond -- Budd Plumbing and Heating, Ino. :347 The Gas F'itter's bond end the .Plumbing bond of Budd Plumbing and Heating, Ino., were presented. The bonds were afproved as to form by the City Atto~ey. It was moved by Commissioner Erwin, seconded by Mayor Lowe, that the bonds be approved and acoepted and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe and Commissioner Erwin; those voting No, none. Meeting with County Commissioners -- Re Afpraisal of Properties I 'lhe City Commissioners having met with the County Commissioners of Gallatin County on March 11, 1954 to discuss the matter of inequalities of taxation on properties in Gallatin County, the following report was made and is entered in these minutes to make it a matter of pennanent reoord; 1. 'l'he County Commissioners agreed with the City Commiss loners as to the large number of inequalities which exist in values assessed in particular against new buildings. 2. It was agreed that the only practioal solution to the problem is to have are-appraisal made of all property in the oounty. 3. The County COnmUssioners stated that they have all necessary authority, under the law, to institute and finance such a re-appraisal and that they will, in their next budget and tax levy, take steps up to the limit provided by law to provide for such are-appraisal. Report The report of the Direotor of Finance for the month of F'ebruary, 1954 was presented. It was moved by Commissioner Erwin, seoonded by Mayor Lowe, that the report be aocepted and ordered filed, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe and Commissioner Erwin; those voting No, none. Offer and Acceptance of Settlement - Commercial National Bank - Check in D. L. Henry Case Ci ty Attorney Dan R. Lovelace advised the Commission that he had been contacted by Mr. D. R. Green, Fresident of the Commercial National Bank of Bozeman, Montana, and George Horkan, Esq., Attorney I for the St. .Paul Mercury and Indemnity Company, its insurer, and had been asked by them to submit to the City Commission, for and on behalf of said Bank and insurer, a proposal to pay the sum of $2,000.00 to the City in full and complete settlement of any claim or demand which the City of Bozeman might have against the said Commeroial National Bank or its insurer for or on aocount of the payment by said Bank of Ci~ of Bozeman oheok no. 12003 in the amount of $6,600.00 on an unauthorized signature. Mr. Lovelace stated that he had been instructed by the Bank and its insurer that, lfthis offer were acoepted, it would be upon the oondition that a full and complete release be given by City of Bozeman to both the Bank and its insurer. Disoussion was had by the Commissioners upon this proposal and motion was made by Commissioner Erwin, seconded by Mayor Lowe, that the said proposal be acoepted in full settlement of said claim and that the Mayor and the Clerk of the City Commission be authorized to execute the proper releases to the Bank and its insurer upon receipt of said funds. Said motion was oarried by the following Aye and No vote; those voting Aye being Mayor Lowe and Commissioner Erwin; those voting No, none. Henry Case -- Demand for Payment of Bonds on Henderson and Shadoan The City Commission, on November 18, 1953, gave special consideration to matters pertaining to I the embezzlements of Donald L. Henry and recoveries of assets thereunder made by the City up to that date. Mayor Secor advised the Commission that it was then apFarent that sufficient recoveries of assets were not going to be made to make up the entire loss and that it would be necessary for the Commission to consider making demand upon the respective sureties of City Manager, M. E. Henderson, and Director of Finance, L. G. Shadoan. In this connection Mayor Secor stated that he wished it to be clearly understood that he thought the record should show that such demands would not be filed for or on account of any dishonesty olaimed on the part of Messrs. Henderson or Shadoan, but solely for and on account of the failure of said principals to satisfactorily perform their duties of supervision of Donald L. Henry, and that any demand filed would be under that feature of their respeotive bonds. 348 The Ci~ Commission, at the time, instructed City Attorney Lovelace to prepare the necessary Proofs of Loss against the Hartford Accident and Indemnity Company and the United States Fidelity and Guaranty Company, the respective sureties of M. E. Henderson and L. G. Shadoan, and to file these froofs of Loss with these companies as claims for recovery by the City of Bozeman upon the respective bonds of M. E. Henderson and L. G. Shadoan of any balance of funds required to caver the difference between the total amount of reC<N eries made and the total amount of funds embezzl ed by Donald L. I Henry. City Attorney Lovelace having complied with the instructions given him in this matter, it was moved by Commissioner Erwin, seconded by Mayor Lowe, that the instructions given on November 18, 1953, be made a matter of per.manent record by this entry in these minutes and that the actions taken by the City Attorney in filing "Proofs of Loss" as instructed are hereby approved and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe and Commissioner Erwin; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Erwin, seconded by Mayor Lowe, that the meeting adjourn and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe and Commissioner Erwin; those voting No, none. J~ ./ Mayor Attest; ecr{~~ I Cl rk of the City Commission I