HomeMy WebLinkAbout1945-11-09
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Bozeman, Montana
November 9th, 1945
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The Commission of The City of Bozeman met in regular session in the Commission Room,
City Hall Building, Friday evening, November 9th, 1945, at 7:30 o'clock P.M. Those being
present were Mayor Healy, Commissioner Sorenson, Commissioner Lowe, City Manager Quinnell,
City Attorney Aitken, Director of Finance Walter Davis, City Engineer Thorpe, and the Clerk,
when the following proceedings were had to-wit:
The minutes of the last regular session were read, and it was moved b~ Commissioner
Sorenson, seconded by Commissioner Lowe that the minutes be approved as read, and the mo-
tion was carried by the following Aye and No vote; those voting Aye being Mayor Healy,
Commissioner Sorenson and Commissioner Lowe; those voting No, none.
Canvass of Vote -- General Election
This being the first regular meeting night after the General Municipal Election held
on November 6th, 1945, the Commissioners prooeeded to canvass the votes cast at the said
General Election. The canvass Bhowed the following results:
Chas. Wm. Sorenson
Don Bennett
Carl Lehrkind
250 votes
100 vo tes
1 vote
It was moved by Commissioner Lowe, seconded by Mayor Healy that Chas. Wm. Sorenson,
having received the highest number of votes be declared elected as City Commissioner for
a four-year term beginning, January 1, 1946, and that a certificate of election be issu0d
him
to/ as provided by law, and the motion was carried by the following Aye and No vote; those
voting Aye being Mayor Healy, Commissioner Sorenson and Commissioner Lowe; those voting
No, none.
Applications for City Licenses
The following applications for city licenses were presented and read:
L. ,J, McMullen
Ronald Brady
It was moved by Commissioner Sorenson, seconded by Commissioner Lowe that the applica-
tion of L. J. McMullen be approved and the license issued and the motion was carried by the
following Aye and No vote; those voting Aye being Mayor Healy, Commissioner Sorenson and
Commissioner Lowe; those voting No, none.
The application of Ronald Brady for a gas fitting and plumbing license was discussed
further, and it was explained that Mr. Brady does not have either a gas fitter's bond or
a plumbing bond, and that before he can do plumbing work within the City of Bozeman he
must pass the regular examination before the Plumbing Board.
It was moved by Commissioner Lowe, seconded by Commissioner Sorenson that the applica-
tion of Ronald Brady as a gas fitter be approved and the license issued subject to his sub-
mitting a gas fitter's bond to be approved by the City Attorney, and his complying with
the provisions of Ordinance No. 678A, the Gas Ordinance, and the motion was carried by the
following Aye and No vote; those voting Aye being Mayor Healy, Commissioner Sorenson and
Commissioner Lowe; those voting No, none.
Reports
The following reports for the month of October were presented and read:
Director of Finance
Ci ty Engineer
It was moved by Commissioner Lowe, seconded by Commissioner Sorenson that the reports
be accepted and ordered filed and the motion was carried by the following Aye and No vote;
those voting Aye being Mayor Healy, Commissioner Sorenson and Commissioner Howe; those voting
No, none.
290
Resolution No. 566 -- Vacating Alley and Streets -- Blk 86; N.P.
The Manager s ta ted tha t the resolution of intention to vaca te the alley in Block 86,
and Pear Street from L Street to K Street and K Street from Pear to Cedar Street, all in the
Northern Pacific Addition had been prepared in compliance with the petition of W. O. Bohart.
He presented and read Resolution No. 566, entitled:
A RESOLUTION OF TI~ COMWISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE
THE INTENTION OF SAID COMMISSION TO VACATE THE ALLEY IN BLOCK 86, AND ALSO PEAR
STREET FROM '.L" STREET TO "Kit STREET, AND "Kit STREET FROM PEAR STREET TO CEDAR
STREET, THE SAME BEING THE STREETS ON THE SOUTH AND EAST SIDES OF SAID BLOCK 86,
ALL IN THE NORTHERN PACIFIC ADDITION TO BOZEMAN, MONTANA.
It was moved by Commissioner Sorenson, seconded by CommispioDer Lowe that the reso-
lution be passed and adopted aDd November 23rd, 1945 be set as the date for the hearing of
protests, and the motion was carried by the following Aye and No vote; those voting Aye
being Mayor Healy~ Commissioner Sorenson and Commissioner Lowe; those voting No, none.
Electric Current for Xmas Decorations
Mayor Healy stated that the Chamber of Commerce had requested that the City furnish
electric current for Christmas decorations in the business district. Af~er discussion, it
was moved by Commissioner Lowe, seconded by Commissiorer Sorenson that electric current
for street decorations in the business district during the Christmas Holiday season be
paid for by the City of Bozeman and the motion was carried by the following Aye and No vote;
those voting Aye being Mayor Healy, Commissioner Sorenson and Commissioner Lowe; those voting
No, none.
Claim -- Mrs. A. C. Heckenliable
A report of the City Attorney relative to the claim of Mrs. A. C. Heckenliable for
professional services rendered her son Richard, who sustained a broken arm on the merry-
go-round at the South Side Park, on October 13th, 1945, was presented and read.
The report stated that if the City is engaged in a governmental function in the op-
eration of its parks and playgrounds, then the City is not liable for accidents which occur
in such places; while if the City during its operstion of parks and playgrounds is engaged
in such activity in its proprietary capacity, then the City's liability depends upon whe-
ther or not the accident was the result of the city.s negligence.
The report further stated that in view of the uncertainty as to the legal status of
the cl~im and to the City's liability in such cases, it was thought that payment of the
claim might establish a dangerous and expensive precedent; the City Attorney advised,
therefore, that the claim be rejected.
Thereupon, it was moved by Commissioner Sorenson, seconded by Commissioner Lowe that
the claim of Mrs. Heckenliable, in the amount of $35.00 be not allowed and the motion was
carried by t he following Aye and No vote; those voting Aye being Mayor Healy, Commissioner
Sorenson and Commissioner Lowe; those voting No, none.
Resolution No. 567 -- Creating SID No. 339
The Manager stated that the City Attorney as instructed bad prepared the resolution
creating Special Improvement District No. 339. He presented and read Resolution No. 567,
en ti tled :
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A
SPECIAL PPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS ltSPECIAL IMPROVEMENT
DISTRICT NUMBER 339" OF SAID CITY, FOR THE PURPOSE OF INSTALLING A SANITARY
SEWER IN SAID DISTRICT IN THE ALLEY BETWEEN TENTH AND ELEVENTH AVENUES, SOUTH,
AND TO SPECIALLY ASSESS TIm ENTIRE COST AND EXPENSE OF SUCH INSTALLATION AND
CONSTRUCTION AGAINST TIrE PROPERTY WITHIN THE BOUNDARIES OF SAID SPECIAL IMPROVE-
MENT DISTRICT, PURSUANT TO THE PROVISIONS OF COMMISSION RESOLUTION l\TUMBER 563,
ADOPTED OCTOBER 12, 1945, DECLARING IT TO BE THE INTENTION OF SAID CITY COMMIS-
SION TO CREATE SAID SPECIAL IMPROVEMENT DISTRICT NUMBER 339.
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It was moved by Commismoner Lowe, seconded by Commissioner Sorenson that the resolu-
tion be passed and adopted and the motion was carried by the following Aye and No vote; those
voting Aye being Mayor Healy, Commissioner Sorenson and Commissioner Lowe; those voting No,
none.
Resolution No. 568 -- Creating SID No. 340
The Manager ,stated that the resolution creating Special Improvement District No. 340
had been prepared by the City Attorney. He presented and read Resolution No. 568, entitled:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL
IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMRPVOEMENT DISTRICT
NUMBER 340" OF SAID CITY, FOR THE PURPOSE OF INSTALLING A SANITARY SEWER IN
FIFTH AVENUE, NORTH, IN SAID CITY, PURSUANT TO THE PROVISIONS OF COMMISSION
RESOLUTION NO. 564, WHICH DECLARES THE INTENTION OF 'l'HE CITY COMMISSION TO
CREATE SAID SPECIAL IMPROVEMENT DISTRICT NUMBER 340 AND TO SPECIALLY ASSESS
THE ENTIRE COST AND EXPENSE OF INSTALLING SUCH SEWER AGAINST Tfm PROPERTY
WITHIN THE BOUNDARIES OF SAID SPECIAL IMPROVEMENT DISTRICT NO. 340 AS SUCH
BOTJNDARIES ARE DEFINED IN SAID CITY COMMISSION RESOLUTION NO. 564.
It was moved by Commissi.oner Lowe, seconded by Commissioner Sorenson that the resolu-
tion be passed and adopted and the motion was carried by the following Aye and No vo te;
those voting Aye being Mayor Healy, Commissiorer Sorenson and Commissioner Lowe; those
voting No, none.
Wading Pool
The me tter of cons truc ti ng a wading pool in one of the ci ty' s parks by the Junior
Chamber of Commerce was discussed, and it was suggested that detailed plans and specifica-
tions for the proposed pool should be presented before any def~ni te action is taken.
The City Manager also mentioned that the Jaycees had in mind the possibility of con-
structing a shelter for picnic parties in Bogert Grove, and that the matter might be pre-
sented to the Commission at some future date when plans were available.
Ad j ournmen t
There being no furtber business to come before the Commission at this time, it was
moved by Commissioner Lowe, seconded by Commissioner Sorenson that the meetirg adjourn and
the motion was carried by the following Aye and No vote; those voting Aye being Mayor Healy,
Commissioner Lowe and Commissioner Sorenson; those voting No, none.
At te s t :
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