HomeMy WebLinkAbout1948-05-19
Bozeman, Mon tana lZ~
May 19th, 1948
The Commission of The City of Bozeman met in regular session in the Commission noom,
City Hall Building, Wednesday afternoon, May 19th, 1948, at 1:00 o'clock P.M. Those being
present were Mayor Sorenson, Co~missioner Lowe, Commissioner Healy, City Manager Henderson,
Ci ty Attorney Lovelace, and the Clerk, when the following proceedings were had to-wi t:
I The minutes of the las t regular session were read, and it was moved by Commissioner
Healy, seconded by Commissioner Sorenson that the minutes be approved as read, and the
motion was carried by the following Aye and No vote; those voting Aye being Mayor Sorenson,
Commissioner Lowe and Commissioner Healy; those voting No, none.
Applications for City Licenses
The following applications for City Licenses were presented:
Bo-Kay Beauty Salon Chester D. Decker
It was moved by Commissioner Healy, seconded by Commissioner Lowe that the applications
be approved and the licenses issued and the motion was carried by the following Aye and No
vo te ; those voting Aye being Mayor Sorenson, Commissioner Lowe and Commissioner Healy;
those voting No, none.
Reports
The following reports for the month of April, 1948 were presented:
Engineer Cemetery Board Nursery School
It was moved by Commissioner Healy, seconded by Commissioner Lowe that the reports
be accepted and ordered filed and the motion was carried by the following Aye and No vote;
I those voting Aye being Mayor Sorenson, Commissioner Lowe and Commissioner Healy; those
voting No, none.
Murray Nash Offer To Sell Land Accepted
The written offer of Murray Nash to sell to the City of Bozeman a tract of land at
the mouth of the bozeman Creek Canyon, containing approximately eight acres, together with
improvements for the use of the water-shed patrolman for $4,000.00 was presented and read.
It was moved by Commissioner Healy, seconded by Commissioner Lowe that tfue offer be ac-
cepted and the motion was carried by the following Aye and No vote; those voting Aye being
Mayor Sorenson, lJommis sioner Lowe and Commis sioner Healy; those vo ting No, none.
Sewer Connection at Kessler Dairy
The matter of sewer connections at the Kessler Dairy was brought up for discussion.
It was pointed out that permission was given by the City of Bozeman to the Kessler Dairy
to connect to the storm sewer, that the sewer connections and plumbing were cit:v-inspected,
and the City of Bozeman therefore, has some responsibility for the improper sewer connec-
tions at this property and should share in the expense for correctin~ the present unsat-
isfactory condition. It was moved by Commissioner Lowe, seconded by Commissioner Healy
I that the City Manager be authorized to make a proposal to the Kessler Dairy tha t the Ci ty
of Bozeman will pay $300.00 of the expense for making proper changes in these sewer con-
nections and the motion was carried by the following Aye and No vote; those vo ti ng Aye be-
ing Mayor Sorenson, Commissioner Lowe and Commissioner Healy;those voting No, none.
Hearing of Protests S.I.D. No. 347
The Manager stated that this was the time and place set for the hearing of protests
to the creation of Special Improvement District No. 347, for the extension of water mains
on North Fourth, N~rth Fifth, Villard and Durston Road. He presented the affidavit of
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publication of the Notice and the Clerk's mailing certificate that all property owners
have been notified. The written protest of Myron and Aura Westlake was presented and
read. It was moved by Commissioner Lowe, seconded by Commissioner Healy that the protest
be referred to the City Attorney for an opinion before action is taken regarding the crea t-
ing of the district and the motion was carried by the following Aye and No vote; those
voting Aye being Mayor Sorenson, Commis stoner Rea ly and Commissioner Lowe; thos e vo ting I
No, none.
Custodian's Agreement with Firft National Bank
A resolution was presented authorizing L. G. Shadoan, Director of Finance, to enter
into a Custodian's Agreement with the First National Bank of Minneapolis for the purpose
of authorizing custody and collection of n. S. Treasury Certificates of Indebtedness, owned
by the City of Bozeman and belng held by that bank for safekeeping. The Resolution was
read and is as follows:
RESOLVED, That L. G. Shadoan, Director of Finance, be and is hereby authorized to
enter into a Custodian Agreement with the First National Bank of Minneapolis, for
the purpose of custody and collection of certain property, and that he be authorized
to sign and deliver to said First National Bank a Custodian Agreement reading as follows:
First National Bank of Minneapolis
Minneapolis 2, Minnesota
You are hereby constituted and appointed our Agent to act for us in the follow-
ing respects with reference to the property described on the attached Statement of
Assets and any other pro pe rty which you hereafter receive for this account, your
number Cl285:
(1) To keep our securities in your security vaults with safeguards equivalent
to those which you prOVide for your own securities therein.
(2 ) To collect all principal and income items in the usual course of business I
and to credit such items conditionally to this account subject to fi na 1 pa ymen t ,
provided tha t until final paymen t has actually been received by you in cash or
solvent credits any or all of such items may be charged back by you to this account.
You are authorized to sign as our Agent all income tax certificates of ownership
and other instruments required in the collection of such items.
(3 ) To charge all out-of-pocket expenses incurred by you in connection wi th
this account against either the income or principal thereof.
(4 ) To remit the balance of income by check on the first day of each month or
to disburse the same at the written instructions of the Director of Finance, Ci ty
of Bozeman, Mon tana.
(5) To remit, as received, the balance of principal by check or to disburse the
same at the written instructions of the Director of Finance, Ci ty of Bozeman, Montana.
(6) To make an annual inventory of the propert~T in this account as of the first
day of May.
(7 ) To exchange, release and deliver securities or other property included in
this account at the written instructions of the Director of Finance, City of Bozeman,
Mon tana.
The compensa tion for your service provided for herein sha 11 be as follows:
(a) Annual fees-
Bonds and Notes One Dollar per $1,000 par value.
Uni ted Sta tes Government s ecuri tie s (registered or coupon) to be com-
puted at the rates for denominations held as follows:
~ 10,000 denominations - 50t per ll,OOO par value
100,000 denominations - 25~ per 1,000 par value
(b) Minimum annual fee - Ten Dollars I
You are authorized to charge against this account annually the amount of your
compensa tion.
This agreement shall continue in force until termlnated by either party.
Address all communications to the Director of Finance, City of Bozeman, Montana.
Yours truly,
We hereby accept our appointment as Agent on the
terms hereinabove set forth and hereby acknow-
ledge receipt of the property described on the Direc tor of Financ e
attached Statement of Assets.
FIRST NATIONAL BANK OF MINNEAPOLIS City of Bozeman, Montana
By Authorized Signature
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It was moved by Commissioner Lowe, seconded by Commissioner Healy that the resolution
be adopted and the motion was carried by the following Aye and No vote; tho~ e vo ting Aye
being Mayor Sorenson, Commissioner Lowe and Commissioner Healy; thoRe voting No, none.
Sidewalks at Legion Housing Project
The Manager s ta ted tha t, in the agreement between the local pos t 'of the American
I Legion and the City of Bozeman for the leasing of the land for the Housing Project, the
City agrees to furnish adeauate sidewalks. He stated that the estimated cost of gravel
walks adequate to complete the project is $357.00; that the estimated cost of concrete
walks to serve the area is $1,052.00. He stated that the American Legion proposes to
construct concrete walks if the Cit y would pa y $500.00 of the cos t. It was moved by Com-
mis sioner Lowe, seconded by Commissioner Healy tha t the City pay $500.00 as their share
for adequate walks at the Legion Housing Project and the motion was carried by the follow-
ing Aye and No vote; those voting Aye being Mayor Sorenson, Commi ss ion er Lowe and Commis-
sioner Healy; thos e voting No, none.
Sewer Connections -- City Attorney's Opinion
The C it Y A t to rn e y, 8. S ins true ted, present ed an opinion regarding the c i t Y 's r ig h t to
refus e connection to an existing sewer.
Fe stated thatthe law is not too definite on this sub,ject; but the t, in his opinion,
the Ci ty can refuse permis sion to connect to a sewer provided the action is not taken ar-
bitraily and is taken in pursuance of the public and general welfare; tba t the permi t to
connec t to the city sewers must at all times be contingent upon the ability of the system
I to take care of the sewerage.
Ad j ou rnrnen t
There being no furthe r bus ioess to come before the CommisSion a t this time, it was
moved by Commissioner Lowe, seconded by Commissioner Healy that the meeting adjourn and
the motion was carried by the following Aye and No vote; thos e vo ting Aye be ing Mayor Sor-
ens on, Commis sian er Lowe and Commis sioner Healy; those vo ting No, none.
Attest.
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(-Cle l{ of the ity ommis si on
Ma :'lor
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