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HomeMy WebLinkAbout1950-02-15 356 Bozeman, Montana February 15, 1950 The Commission of the City of Bozeman met in regular session in the Corrunission Room, City Hall Building, Wednesday afternoon, February 15, 1950 at I:OO o'clock F. M. Those being I;resent were Mayor Lowe, Commis sioner Healy, Commissioner Secor, City II'Ianager Henderson, City Attorney Lovelace, and the Clerk when the followin('; proceedings were had: The minutes of the last regular session held February 8, 1950 were read, and it was moved by Commissioner Healy, seconded by Commissioner Secor, thnt the minutes be an,roved as read, and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Healy and Commissioner Secor; those votinG No, none. Chamber of Corrnnerce Secretary Introduced Mr. Vim. Stutsman, newly appointed Secretary of the Che.mber of Conunerce was present and introduced to the Commission. Zoning Ordinance Basement Apartments The Manager stated that, from a study of the Zoning Ordinance, it appears that there is no pro- vision il, the ordinanoe regarding the size of basement apartments. This matter will be discussed at the next meeting of the Board of Adjustment. Plans for Spill-way at Mystic Lake The Manager reported that, at the annual meeting of stockholders of the Bozeman Creek Reservoir Company, they had authorized the preparine; of detailed I,lans and specifications for a new spill-way at Mystic Lake. Resignation of Folioe Officer Skerritt Ci ty Menager Henderson announced that Police Officer Skerri tt has resigned as of March 1, 1950. Extra lolice and Firemen at Fublic Gatherings The Manager reported on a request from Gallatin County High School for four ex-era policemen for a High School basket ball game. The question of' furnishing extra policemen and firemen for speciel athletic events at the High School and at Montana State College has been discussed by the City Commission on former occasions. Usual procedure has been to secure vol\mteers from policemen and firemen who were off shift and who have attended such events both for the sake of seeing the events and Freserving order. The particular question is whether or not policemen and firemen should be paid overtime for such duty when it is not on their regular shift. 'l'he Commission was of the opinion that, when special licenses are collected for any event or activity, the City should furnish necessary special policing but, when sf)ecial duty of polioemen and firemen is required for other event.s, the men should be paid by the City and the school or other agency requesting the special service should be billed for its cost. The City Manager was instructed to confer with Dr. R. R. Renne of MSC and Homer Anderson of Gallatin Hig;h School to get their recorrunendations before a definite policy is established. Grant Agreement with CAA 'l'he following Resolution was introduced by Corrunissioner Healy, seconded by Commissioner Secor, read in full and considered, and adopted by the following Aye and :[';0 vote: those voting Aye being Mayor Lowe, Commissioners Secor and Healy; those voting No, none. RESOLUTION ACCEFTING, ADOFTING, MPRO'JING lIND AUTHORIZING 'l'HE EXECUTION OF A GRANT AGREENIENT RECEIVED FROM THE ADMINISTRATOR. CIVIL AERONAUTICS, UNITED STATES OF' AMERICA, FOR THE DEVELOFMENT OF THE GALLATIN FIELD AIRPORT, BOZEMAN, MONTANA. Be It Resolved By The City Commission or Bozeman, Montana, Section 1. TI~t the City of Bozeman, Montana, by and through its City Commission and Gallatin County, State of Montana, by and through its Board of County Corrunissioners / I I I 857 shall jointly enter into a Grant Agreement for the development of the Gallatin Field Airport and that such agreement shall be as set forth hereinbelow: Section 2. That the Mayor be, and he is }jereby authorized and directed, to execute said Grant Agreement in sextuplet on behalf of The City of Bozeman, and the Clerk of the City Commission is hereby authorized and directed to impress the Official I Seal of the City of Bozeman, Montana, thereon and to attest said execution. Section 3. That the Grant Agreement referred to hereinabove shall be as follows: Form ACA-l632 (5-49) DEPARTMENT OF COMMERCE CIVIL AERONAUTICS ADMINISTRATION Washington 25 GRANT AGREEMENT Fart I - Offer Date of Offer February 7, 1950 Gallatiu Field Airport froject No. 9-24-003-702 TO The Gallatin County, Montana, and the City of Bozeman, Montana (herein referred to as the "Co-srousors") FROM: The United States of America (acting through the Administrator of Civil Aeronautics, herein referred to as the 'tAdministrator") WHEREAS, the Co-sronsors have submitted to the Administrator a Project AI-plication dated March 9, 1949, for a grant of Federal funds for a project for development of the Gallatin Field Airport (herein called the "Airport"), tOGether wi th rlans and sI-eoifications for such }roject, which Fro,iect Arplication, as approved by the Administrator, is hereby incorporated herein and made a part hereof; and I WHEREAS, the Administrator has alproved a project for development of the Airport (herein called the "Project") consistine; of the following described airport develop- men t: Construct administration building, fence, walks, water well and sewage disposal system; relocate airrort liGhtinij control and regul~ tint:; equipment. (The airIJort development to be accomrlishedl:erein described, is in addition to that contemplated under the Grant Agreement between the sponsors and the United States for Froject No. 9-24-003-701.) all as more }-1articulcrly described in the property map ar"d plans and sFecifications incorporated in the said Proj ect An;lication; NOW THEREFORE, pursuant to and for the purroses of carryin~~ out the lrovisions of the Federal Airport Act (60 Stat. 170; Pub. Law 377. 79th CODi';ress), and in consider- ation of (a) the Co-sponsors t adoption and ratification of the reF resentations and assurances contained in said Project Ap'plication, a.nd their acceltance of this Offer, [US heroir.after provided, 8.nd (b} the benefits to accrue to the United States and the public from the accomplishment of the Froject and the operation and maintenance of the Airrort, as herein r,rovided, I (a} begin accomllishment of the Project wi thin a reasonable time after acceptance of this Offer, and TIlE ADMINIS'IRA'IOR, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFI<ERS AND AGREES to pay. as the United Statesl share of costs incurred in accomplishing the project, 53.53 rercentum of all allowable project costs, subject to the following terms and condi bons: 1. The mayimum obliGation of the United States payable under this Offer shall be $82,087.00. 2. The Co-sponsors shall (b} carry out and complete the Froject in accordance with the terms of this Offer, and the Federal Airport Act and the Regulations l,romulguted thereunder by the Administre. tor in effect on the date of this Offer. which act and Regulntions are incorporated herein and made a part hereof, and (c} ca.rry out and complete the Froject in accordance with the [lens and slecifications and property map incoqorated herein as they may be revised or modifi ed with the aI-,}roval of the Admillistrator or his duly authorized representatives. 3. The Co-sponsors sLall operate aDd maintain the AirFort as provided in the Project Arplication incorporated herein. 5. lmy misrel-,resentation or omission of a material fact by the Co-sponsors concerning; the Froject or the Co-sponsors' authority or ability to carry out the obligations assumed by the Co-sponsors in aceepting this Offer shall terminate the oblic;ation of the United States, and it is under- stood and agreed by the Co-s1-onsors in aCCElfting this Offer that if a material fact has been misrepresented or omitted by the Co-sponsors, the Administrator on behalf of the LJnited States may recover all grant pay- ments made. I 358 4. The maximur:l amounts of' building space which the sponsors shall be obli- gated to furnish Civil Agencies of the Uni ted States for the purposes and on the terms and conditions stated in paragraph 10 of Fart III of the Project Arplication shall be as set forth in the atteched schedule of Maximum Slace Requirements which is incorpore,ted herein and made a rert hereof. 6. The Administrator reserves the right to amend or withdraw this Offer at any time prior to its accertance by the Co-sponsors. 7. This Offer shall eXI)ire and the United States shall not be obligated to pay any of the allowable costs of the Project unless this Offer has been acoel-ted by the Co-sponsors within 60 days from the above date of Offer or such lonGer time as may be prescribed by the Administrator in writing;. The Co-sponsors' accertence of this Offer and ratification and adoption of the lfroject Applieat ion incoq:orated herein shan be evidenced by execution of this instrument by the GallBtin COillity, Montana and the City of Bozeman, Montana, as Co-sponsors, as hereinafter provided, and said Offer and aecertance shall comrrise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States, on the one }!art, anc the Gallatin County, Montana, and the City of Bozeman, Montana, jointly and severally, on the other part. with respect to the accomplishment of the Projeot and the operation and maintenance of the A:irrort. Such Grant Agreement shall become effective upon the Co-sponsors' acceptance of this Offer and shall remain in full force and effect throui:~hout the useful life of the facilities developed under the iroject but in any event not to exceed twenty years from the date of said acc8rtance. UNITED STATES OF AMERICA 'TIlE ADMIN IS TRATOR OF CIVIL AERONALJ TICS By /S/ D. J. Mackie Acting Regional Administrator, Region VII Part II - Acceptance I The Gallatin County, Montana and the City of Bozeman, Montana, do hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the froject Application and incorporated materials referred to in the foregoing Offer and do hereby accert said Offer and by such acceptance agree to all of the terms and conditions thereof. Executed this 16 day of February . 1950. Gallatin County, Montana (Name of Co-sponsor) By t VIM. A. WORTMAN (SEAL) Attest: $ BESS FOWLER Ti tle Chairman Title: County Clerk Executed this ..l.L day of February , 1950. City of Bozeman, Montana (Name of Co-sponsor) By $ W. GILBERT LO~E (SEAL) Ti tIe Mayor I Attest: $ L. G. SHADOAN Title: Clerk of the City Corrunission CERT IFTCATE 0 F CO-SI'ON SOR' S ATIORNEYS I, DON A. NASH do hereby eertify: , actinG as Attorney for Gallatin County, Montana, That I have examined the foregoinE Grant Agreement and the proceedings taken by said Gallatin. County reletinG thereto, and find that the Acceptance thereof by said Gallatin County has been duly authorized and that the execution thereof is in all resrects due and proper and in accordance with the laws of the State of Montana, and I I I further that, in my opinion. said Grant Agreement oonstitutes a legal and binding obligation of the Galla tin County in accordance wi th the terms thereof. Dated at Bozeman, Ivbntana this 16 day of Feb. . 19 50. S OON A. NASH Title County Attorney I, DAN R. LOVELACE Montana, do hereby certify: , acting as Attorney for the Ci ty of Bozeman, That I have examined the foregoing Grant Agreement and the proceedin€s taken by said City of Bozeman relating thereto, and find that the Acceptance thereof by said City of Bozeman hus been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of Montana. and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the City of Bozeman in accordance with the terms thereof. Dated at Bozeman. Monta..."rJ.8. this 16 th day of February . 1950. $ DAN R. LOVELACE Title City Attorney GALLATIN FIELD BOZEMAN. MONTANA Project No. 9-24-003-702 ~EAXIMUJl.1 RENT FREE SJi-ACE REQUIREMENTS FOR FACILITlr..:S IN AIRFORT ADMIN IS TRATION BUILDING CAA Activities and Equipment Airway Communications Stations OFerating Room Chief CommunicAtor's Office Storage Equipment Room Communications Maintenance Office 134 Sq.ft. Storage 32 Sq.ft. 414 Sq.F't. 95 Sq.Ft. 70 Sq. Ft. 278 Sq.Ft. Engine Generator Spaoe None Airport Traffic Control Tower None Wea ther Bureau Activities and Equipment None Report The Cashier's rerort for the month of January. 1~150 was IJresented. It wes moved by Commissioner Healy, seconded by Commissioner Secor, that the report be accerted and ordered filed and the motion was carried by the following Aye and No vote: those votinc Aye being Mayor Lowe, Commissioner Healy and Corrunissioner Secor; those voting No. none. City License for Froduce Feddlers City Manager Henderson reported to the Commission on his investigation of license fee for produce peddlers charged by other cities in the State of Montana. The fee ranGing from $200.00 per quarter down to no charge. After diSCUSSion. it was decided inadvisable to make a change in the ordinance at this time. Adjournment There being; no further business to come before the Commission at this time. it was moved by Commissioner Healy, seconded by Commissioner Secor, that the meeting adjourn and the motion was carried by the following Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Iealy and Com:nissioner Secor; those voting No, none. L ~ / / Mayor Attest: ~~ Cl rk 0 the City Commission 359