HomeMy WebLinkAbout1950-08-09
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Bozeman, Montana
August 9, 1950
The Commission of The City of Bozeman met in regular session in the Commission Room, City Hall
Building, Wednesday afternoon.. August 9.. 1950, at 1100 o'clook P. M. Those being present were :Mayor
Lowe, Commissioner Seoor, Commdssioner Healy, City Manager Henderson, City Attorney Lovelace and the
Clerk when the following prooeedings were had.
The minutes of the last regular session were read.. and it was moved by Commissioner Healy, seconded
by Commissioner Secor, that the minutes be approved as read, and the motion was carried by the following
Aye and No vote: those voting ~e being Mayor Lowe, Commissioner Secor andCommissloner HealYJ those
voting No.. none.
Fire Control System for City Shops
Howard L. Cook and Wallace Johnson appeared before the C1 ty Commission to explain an automatic
fire control system they have for sale and quoted a price of 11,617.00 for installing such a system
in city shops. They were informed that such an item was not planned for in the current budget and could
not be purchased at this time.
Resolution 681 -. Assessing S. I. D. 358
The Manager stated this is the time and place set for the hearing of protests to the levying of
the assessment for the construction of Special Improvement District No. 358. Represented the affidavit
of publication of the Notice, and stated that no protests have been filed and no one- is present to
protest. He presented Resolution No. 681, entitledl
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEvy:mG .AND ASSESSING A SPECIAL
ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 356 IN THE cm
OF BOZDtAN, COUNn OF GALLATm, STATE OF !l)NTANA, ro DEFRAY THE COST OF CONSTRUCT:mT AND MAKING
THE Il4PBOVEMENTS WITHm SAI.D SPECIAL IVPROVEl4ENl' DISTRICT NO. 358.
It was moved by Comm1esioner Healy, seconded by Commissioner Secor, that the resolution be passed
and adopted and the motion was carried by the following Aye and No votel those voting Aye being J4ayor
Lowe, Commi88ioner Secor and Commiuioner Healy; those voting No, none.
Resolution No. 662 -- Tax Levy
The resolution setting the tax levy at 34.1 mills for the year 1950, as anticipated in the budget
for the fiscal year ending June 30th, 1961, was presented, entitledl
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN DETERMnnNG THE AKOUNT OF CITY TAUS FOR
ALL PURPOSES, GENERAL AND SPECIAL, TO BE LEVIED AND ASSESSED ON TAXABLE PROPERTY IN THE CITY
OF BOZEMAN, STATE OF MONTANA, FOR THE FISCAL YEAR ENDIW JUNE 30th, 1951.
It was moved by Commissioner Healy, seoonded by Commissioner Secor, that the resolution be passed
and adopted and the motion was oarried by the following Aye and No vote. those voting Aye being Mayor
Lowe, CODllD.iasioner Seoor end COJDl1li8sioner Healy. those voting No, none.
Sale of S. I. D. No. 361 Bonds
The l4enager stated that, in order to have money on hand to pay the contractor for construotion of
Special Improvement Distriot No. 361, bonds of this district should be sold. It was thereupon, moved by
Commissioner Secor, seoonded by Commissioner Healy, that the Clerk of the City Commission be authorized
to advertise tor the sale of these bonds, and the motion was oarried by the following Aye and No votel
those voting Aye being Mayor Lowe, Commissioner Secor and Commissioner Healy; those voting No, none.
Reports
The following reports for the month of July, 1950 were presented:
Cashier
Sanitary Inspector
llecreation Director
Police Chief
It was moved by Commissioner Healy, seconded by Commissioner Seoor, that the reports be accepted
and ordered filed and the motion was carried by the following Aye and No votel those vottng Aye being
Mayor Lowe, Commissioner Secor and Commissioner Healy; those voting No, none.
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Reoommendations Engineer .... Re S. I. D. )fo. 361
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A communication from Scott Bart confirming his former recommendati.onsregarding relaying or repair
of pavement in Special Improvement Distriots under contraot to Blacktop Construction Co. was presented
and read. It was mOTed by Commissioner Secor, seconded by Commissioner Healy, that the recommenda-
tions be approved and accepted and the motion was oarried by the following Aye and No vote: those
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voting Aye being Mayor Lowe, Commissioner Seoor and Commissioner HealYt those voting No, none.
Bids for Dump Truck
The Manager stated this was the time and place set for the opening of bids for a 2-ton Dump Truck
for the Street Department. He presented the affidavit of publication ot the Notice to Bidders, where..
upon it was moved by Commissioner Healy, seoonded by Commissioner Secor, that the bids be opened and
read, and the motion was oarried by the following Aye and No vote: those Toting Aye being Mayor
Lowe, Commissioner Seoor and Commissioner Healy; those voting No, none.
The following bids were thereupon opened and read:
Bidder Make 0 f Truok Kodel Net cost including
"420 .. 2 speed rear axle
Norine Motors, Inc. Diamond T. 3,347.06
W. D. Breck Motor Sales, Inc. G. M. C. Fe 353 2,551.24
Rolf'e &: Wood Dodge Hir 152 2,701.00
II II II " J 152 3,030.00
Owenhouse Hdwe Co. Interna tional L 162 3,146.00
Northern Auto Co. Chevrolet "6403" 2,806.70
Bill Wright, Inc. Ford F-6 2,160.90
All bidders present were given an opportunity to describe their produot and, after heariIlg them,
it was moved by Commissioner Seoor, seconded by Commissioner Healy, that the bids be referred to the
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City Manager for tabulation and recommendations and the motion 'WaS carried by the following Aye and
No vote: those voting Aye being Mayor Lowe, Commissioner Secor and Commdssioner Healy; those voting
No, none.
Sewer Connection for Wash Racks
The question of permitting car wash racks to be connected to sanitary sewers in locations where
no storm sewer is available was again opened tor discussion. Mr. Dean Chaffin was present and
reviewed the problem as it pertains to the bUilding addition proposed to be made for the Empire Auto
Company at the corner of Bozeman end Mendenhall. The City Manager explained that this is a question
of policy, that in the past it has been a policy regulation not to permit wash racks to be connected
to sanitary sewers, but that expanding of businesses on streets where there are no stonn sewers haa
made considerable change in the problem. City Engineer Baboock was present and mad.e the tollowiX1&
recommendations:
1. The volume of water from such wash raoks, if properly cleared of oil, grease, and
solids, would not in his estimation place any undue load on the sanitary sewer
system.
2. That a sand and grease trap of design which he has on file in his office will
ad.equately remove such materials and only traps of that or equal design should be
permitted..
3. That, if such connections are pennitted, they be open for inspection by the Ci~
Enginee~ both as to installation and operation or maintenance, at any time.
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4. That, any such installation should be made so that, at any time a storm sewer is
installed on the street where the connection is made, the connection will be dis~
oonneoted from the sanitary sewer and connected to the storm sewer.
The matter was taken under advisement for action at a later date.
Grant Agreement for Airport
Victor Keisling, Airport Engineer tor the C.A.A., appeared in regard to a Grant Agreement from
the C.A. A. for airport improvements.
The following Resolution was introduced by Commissioner Secor, seconded by Commissioner Healy,
read in fUll and considered, and unanimously adopted:
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RESOLUTION ACCEPTING, AOOI'TING, APPROVING AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT
RECEIVED FROM THE ADMINISTRA'roR, CIVIL AERONAUTICS, UNITED STATES OF AMERICA, FOR THE DEVELOP-
MENT OF THE GALLATIN FIELD AIRFORT, BOZEMAN, MONTANA.
Be it resolved by the City Commission of Bcz eman, Montana,
Seotion 1. That the City of Bozeman, Montana, by and through its City Commission, and Gallatin
County, Montana, by and through its Board of County Commissioners, shall jointly enter into a Grant
Agreement for the purpose of obtaining Federal Aid in the development of the Gallatin F'ield Airport and
that suoh agreement shall be as set forth hereinbelow:
Section 2. That the Mayor be, and he is hereby authorized and directed, to execute said Grant
Agreement in sextuplet on behalf of the City of Bozeman, and the CltBrk of the City Commission is hereby
authorized and directed to impress the Official Seal of the City of Bozeman, Montana, thereon and to
attest said execution.
Seotion 4. That the Cit,y CommiSSion hereby specifically ratifies and adopts all statements,
representations, warranties, covenants and agreements contained in the Project Application.
Seotion 4. That the Grant Agreement referred to hereinabove shall be asfollowel
Form ACA-1632 (5-49)
DEPARTMENT OF COMMERCE
CIVIL AEBONAUTICS ADMINISTRATION
Washington 26
GRANT AGREDPaIT
Part I - Offer
Date of Offer August 2, 1960
Gallatin Field Airport
Project No. 9-24-003-003
TO I The City of Bozeman, Montana, and Gallatin County, Montana (herein referred to as the
"Co-sponsors")
FROlb The United States of .America (acting through the Administrator of Civil Aeronautics,
herein referred to as the "Administrator")
WHEBEAS~ the Co-sponsors have submitted to the Administrator a Project Application dated July
12, 1960, for" grant of Federal funds for a project for development of Gallatin F'ield (herein-
called the "Airport")~ together with plans and specifioations for such project, which Project
Application, as approved by the Administrator~ is hereby incorporated herein and made a part
hereof; and
WHEBEJS, the Administrator has approved a projeot for development of the Airport (herein oalled
the "Project") consisting of the following desoribed airport development'
Installation of natural gas facility pipe line.
(The airport development to be accomplished herein described is in addition to those contemplated
under the Grant Agreements by the Sponsor and the United States for Projects Nos. 9..24-003..701
and 9_24_003oo702.)
all as more particularly described in the property map and plans and specifioations inoorporated
in the said Project Applioation;
NOW THEREFORE, pursuant to and for the purposes of carrying out the provisions of the Federal
Airport Act (60 Stat. 170; Pub. Law 377, 79th Congress), and. in consideration of (a) the Co..
sponsors' adoption and ratii'lcat1on of the representations and aS8uranoes contained in said
Project Application, and their aoceptance of this Offer, as hereinafter provided, and (b) the
benefits to accrue to the United States and the public from the aocomplishment of the Project
the operation and maintenance of the Airport, as herein provided.
and
THE ADMINISTRATOR, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as
the United States' share of costs incurred in accomplishment of projeot, 26 per oentum of the
allowable land aoquisition costs, and 63.63 per oentum of all other allowable projeot costs,
subject to the following terms and conditionsl
1. The maximum obligation of the United States payable under this Offer shall be
$2,623.00.
2. The Cooosponsors shall
(a) begin accomplishment of the Projeot within a reasonable time after
acoeptance of this Offer, and
(b) oarry out and complete the Frojeot in aocordance with the terms of this
Offer~ and the Federal Airport Act and the Regulations promulgated
thereunder by the Administrator in effeot on the date of this offer,
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which Act and Regulations are incorporated herein and made a part
hereof, and
(o) carry out and complete the Project in accordance with the plans and
specifications and property map incorporated herein as th~ may be
revised or modified with the approvel of the Administrator or his
duly authorized representatives.
3. The Co-sponsors shall operate and maintain the Airport as provided in the Project
Application incorporated herein.
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4. The maximum amounts of building space which the sponsors shall be obligated to
furnish civil agenoies of the United States under paragraph 9 of Part III of the
Project Application shall be as set forth in the sohedule attached to the Grant
Agreement for Project No. 9-24-003-702, acoepted by the sponsors on Februa~ 16,
1960, which said schedule is incorporated herein and made a part hereof by
reference.
5. Any misrepresentation or omission of a material fact by the Co-sponsors ooncerning
the Frojeot or the Co-sponsors' authority or ability to carr,y out the obligations
assumed by the Co-sponsors in accepting this Offer shall terminate the obligation
of the United States. and it is understood and agreed by the Co-sponsors in acoept-
ing this Offer that if a material faot has been misrepresented or omitted by the
Co- sponsors, the Administrator on behalf of the United States may recover all grant
payments made.
6. The Administrator reserves the right to amend or withdraw this Offer at any time
prior to its aoceptance by the Co-sponsors.
7. This Offer shall expire and the United States shall not be obligated to pay any
of the allowable costs of the Projeot unless this Offer has been aocepted 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.
8. It is hereby understood end agreed that the Project Application executed by the
Sponsors under date of March 9. 1949, inoorporated in and made a part of the
Grant Agreement between the United States and the Sponsors relating to Projeot No.
9-24-003-702, accepted by the Sponsors on February 16, 1950, is hereby amended by
deleting therefrom paragraphs 2 through 14 of Part III and inserting in lieu thereof
as paragraphs 2 through 14 provisions identical with those of paragraphs 2 thro ugh
14. respeotively, of Part III of the Project Application incorporated in this
Grant Agreement.
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The Co-sponsors' acceptance of this Offer and ratification and adoption of the Project Applica...
tion incorporated herein shall be evidenoed by execution of this instrument by the City of
Bozeman, MOntana and Gallatin County, Montana, as Co-sponsors, as hereinafter provided, and
said Offer and acceptanoe shell oomprise a Grant Agreement~ as provided by the Federal Airport
Act, constituting the obligations and rights of the United States, on the one part, and the
City of Bozeman, Montana, end Gallatin County, Montana, jointly and severally, on the other
part. with respect to the acoomplishment of the Project and the operation and maintenance of
the Airport. Such Grant Agreement shall become effeotive upon the Co-sponsors' acceptance of
this Offer and shall remain in full force and effect throughout the useful life of the
facilities developed under the froject but in any event not to exceed twenty years from the
date of said acceptance.
UNITED STATES OF AMERICA
THE ADMINISTRATOR OF CIVIL AERONAUTICS
By sl E. L. Yanovich
Regional Administrator, Region VII
Part II - Acceptanoe
The City of Bozeman. Montana, and Gallatin County. Montana, do hereby ratify and adopt all
statements, representations, warranties, oovenants. and agreements contained in the Projeot
Application and incorporated materials referred to in the foregoing Offer and do hereby accept
said Offer and by suoh acceptanoe agree to all of the terms and conditions thereof.
Executed this 9th day of' August, 1950.
The City of Bozeman, Montana
{Name of Co-sponsor}
(SEAL)
By
8/ w. G. Lowe
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Title
Mayor
Attest: 8/ L. G. Shadoan
Title: Clerk of the City Commission
Executed this 9 day of Aug., 1960.
Gallatin County, Montana
(Name of Co-sponsor)
(SEAL)
By
sl Wm. A. Wortman
Title
Chairman
Attest:s! Be8sFowler
County Clerk and Recorder
Titlel in and for Gallatin County, State of Montana
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Miso. W & C 1950 (F. O. E. 1526)
Need for a sidewalk on the north side of Baboook Street between Rouse Avenue and Bozeman Avenue
was discussed. It was moved by Commissioner Healy, seconded by Commissioner, Seoor, that the City
:Manager be authorized to order the sidewalk oonstructed on the following property owned by the
Eagles Lodge No. 326:
Lots 29 to 36; Blook C of the Original Townsite
and the surplus strip south of same,
and the motion was carried by the following Aye and No votel those voting Aye being Mayor Lowe,
Commissioner Secor, and Commissioner Healy. those voting No, none.
Insuranoe Policy. ReI Bozeman Canning Company
The Menager reported that the insurance policy of the Bozeman Canning Company, insuring the
City against any damage that might be caused from putting their sewage in the oi ty sewerage system,
has been reoeived.
Regulation of Parking At Post Offioe
Traffio oongestion at the Post Office was disoussed, and it was moved by Commissioner Healy,
seoonded by Commissioner Seoor. that the City Manager be authorized to deolare an emergenoy and, as
soon as signs can be erected, restrict parking to ten minutes at any time on the east side of Tracy
Avenue from the first alley south of Main Street south to Babcock Street and, on the north side of
Baboook Street. from Tracy Avenue east 151 feet, and the motion was oarried by the following Aye and
No vote: those voting Aye being Kayor Lowe, Commissioner Secor, and Commissioner Healy; those voting
No, none.
Poles for S. I. L. D. No. 361
The Manager stated the Yellowstone Electric Company has informed him that delivery can not be
made on the light poles bid on for Special Improvement District No. 361 but that immediate delivery
can be secured on poles costing $13.50 more each than the pole bid. They propose that the high priced
poles be used, that the City apply the savings _de by using solid conduotor cable instead of stranded
cable toward the additional oost of these poles and that they will pay such additional cost as there
may be over and above the savings on the wire. It was moved by Commissioner Healy, seconded by
Commissioner Secor, that this proposal be accepted and that the City Manager be authorized to issue
a change order in aocordanoe therew1 th and the motion was carried by the following Aye and No vote:
those voting Aye being Mayor Lowe. Commissioner Secor, and Commissioner HealYJ those voting No, none.
Adj ournment
There being no further business to come before the Commission at this tim.e, 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 Secor, and
Commissioner Healy; those voting No. none.
Attest:
a(.,J.~
Clerk of e City Commission
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