HomeMy WebLinkAbout1940-05-17
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Bozeman, Montana
May 17, 1940
The Commission of The City of Bozeman met in regular session in the Commission
Room, City Hall 0uilding, B'riday evening, May 17, 1940, at 7:30 o'clock P.M. Those be-
ing present were Mayor Rosy, COTI1J'1:ssioner Busch, Cornrr.issioner Lake, City Attorne'J1 Aitken,
Ci ty Manager Henderson, Direc tor of Finance Walter Davis, Cl ty Engineer rrhorpe and the
Clerk when the following proceedings were had to-wit:
The minutes of the last regular session were reael, and it was moved by Commissioner
Lake, seconded by Commissioner Busch that the minutes be approved as read and the
motion was carried by the following Aye and No vote; those voting Aye be=-ng Iv:ayor Roey,
Commissioner Lake and Commissioner Busch; those voting No, none.
Public Hearinr, SID No. 333
This being the time and place set for the hearing of protests against the creation
of Special Improvement District No. 333, paving in the south part of the City, the
],~anager presented affidavi t of publica tion of Notice and the Cl erl{' s Mailing Certificate
that all property owners had been notified. He also presented written protests from
property owners and certain written withdrawals of some of the same protests. lIe stated
that the CIty EngIneer had made a careful check of the protests filed and finds that
the net protests now on file represent 34.35% of the area of the property in the pro-
posed district.
Many owners of property in the proposed district were present and each of them was
given an opportuni. ty to presen this are;umen ts el ther for or aga:tnst the proposal. IVluch
of the d:iscus~ion was on the subject of seC11rinlj pavement for this dif1trict at lower
cost than had been paid for similar pavement in Bozeman in recent years.
After full consideration of the arguments presonted Hnd the protests filed, it
was moved by ConrrnisP,:ioner Lake, seconded by CommissIoner Busch, that the protests
be overruled as insufficient in law and in fact and that the City Attorney be in-
structed to prepare a resolution to create the district and the motion was carried
by the following Aye and No vote; those voting Aye being Mayor Hoey; Commissioner
Lake and Commissioner Busch; those voting No, none.
Carnival License
Harry L. Gordon, advance agent for the White City SllOWS, Inc., was present to
discuss vii tb tLe Commis~~ ion the ma tter of license for his C!Otrni val company to show
in l:3ozeman during the week of May 20th to 25:th inclusive. The Manager stated that
he had also had inquiry from SeIbrand Bros. Show on the matter of license but th::::t
this latter company had not set specific dates on which they wished to show. He stated
that Seibrand Bros., and other carnivals, had been licensed to show here last season
for a fee of :$200.00 for six days payable in advance. The ~.canager recommended that
contact be made wi th the Seibrand Eros. Show before a license Is c;ranted to the
White City Shows, Inc., so that there would not be a conflict in the dates of the
shows, should the Commis s ion see fi t to license bo th of thorn and that the two car-
nivals might be given equal considoration if the Commission decided to license only
one of them.
The 1'.Iana t!'er recormnended thn t the minimum license for ei ther show
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sl10uld be 4p200. 00 for six da ys, the amoun t to be paid in full before the show was
allowec1 to open.
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After discus~:ion, it was moved by Commissioner Busch, seconded by Mayor Hoey,
tha t a license be gran ted to the V/hi te Ci ty Shows Inc., to show In thIs Ci ty during
the week of J:i:ay 20-25 inclusive for a fee of ~~200 .00 payable in full in advance and
and the motion was carried by the following Aye and No vote; those voting Aye being
Mayor Hoey and Commissioner Busch; those voting No, Commissioner Lake.
Resolution No. 467
Intention to Create 334
.
'J'he Manager stated tlTJt the City Attorney as instructed had prepared the resolu-
tion of intention to create Special Improvement District No. 334, sanitary seVIer on
North Rouse between Lamme and Aspen Streets. He presented Hesolution No. 467, entitled:
A RESOLUTION OF TE.'E CITY CmvTMI~3SIO}; OF 'l'HS CI'l'Y 01<' BOZ:,;r.,AE, Mi:JN'l'ANA,
DELCARDm IT 'I'O BE TEE INT.'!;NTION 0:' SAI.) CO!.G::ISSION 'ro CRj~;ATE A
SrECIAL niPHOVEI\:'j~NT DISTHICrr TU DE r:rW',H~ AND DCSIGI'TA T"D AS II S.PECIAL
n,IPHOV.~~lll:E]\iT DISTHICT NFMBER 334" paR 'filE PUHPOSE OJ? INSTALLn;G A
SANITAHY SEViTjR ON ROUS2 AVi:i;NUE KO!~Th,FROr.; T~i;E CENT>:R OF2A~;T ASI'EN
STREE'11 sourplI 'PO THE CEWI'ER 01" EASrl' LAlViI'.:E S'l'mmT, IN SAID cr 'rY, AND
TO SFECIALLY ASSii;SS' THE~:NTIR2 COST AI;:;) )~X:t'EljSg OF INWrALLH;<} SAID
SU::ViER AGAINST THE PHOPERTY WITHIN SAIL) SPD::CI/~L IMPROVEIr.ElJT DISTRICT
AS CREATED, AND HEREIN :JESCRIBED, UlWEH i\ND BY VIWrUii: OF' THE PRO-
VISIONS 01" SEC'I'ION"S 5225 TO 5277, IRCLUSIVE, RSVISED C(U::~S OF
MONTANA 1935, AND ANY AMENDM3NTS TlJEP.ETO.
It was moved by COnL.'11iss loner Lake, seconded by Cornuie'sioner Busch tha t the Resolu-
tion be passed and June 14th be set as the date for hearing protests and the motion
was carried by the following Aye and Eo vo te; thos~ voting Aye being 1/1ayor Booy and
Commissioner Busch and Commissioner Lake; those voting No, none.
Resolution No. 468 -- Creatine SID No. 333
Tho Manager s ta ted tha t the Ci ty Attorney as ins true tad had prepared the Resolu-
tion creatIng Special Improvement District 1;0. 333, paving in the south part of the
City. He presented Resolution No. 468, entitled:
A RESOLlFfION OP 'I11IE CI'IY COl\H,aSSION OF' 'rIB crpy OP BOZEI::AH, M01~TANA,
CREATING A S1'3CIAL n:PROVEMEN'l' DISTRIC'l' TO 3:,:: KNOWN AS SP~::CIAL IM-
PROV:l:II:~NT DISTHIC'l' NUMu::m 333 OF THE CITY 01" l3OZr~I.IA:G:, FOR ThS PUR-
POSE OP GONSrrRUCTING CURBS, STORM~ S;~'NEns lll'D :21:. V:::;II:::IJ'1' OH 'rRACY
AVENUE BI~'l\iC;3J'J COLLi:<:::>t.:: AND EAHRISON STHSJ.:;'rs, S8VEWl11I A V2NUE BI~wmEJ\
COLLEG3 AND ILi\RHISOH STH~ETS, GRi\ND AV~.!::NU8 B3T"EEf': AR'rHUR AN'J GAR-
FIl~LD s'rRCJ::'l'S, SIX'I'H A v:r:NUE BET.,EER GAHPI3LD AND LINCOLN STH3i,;'rs,
F'IPTli AVBNUE B;STNEEll COLLEGE AND GARB'I2LD STHEE'I'S, l-IA-:\:RISON STREI~T
I3E'l"JVEEl: THACY AN'~ ErG-lITH AVEKUE3, GARFI.2.:LD STE.:SErr Br~T\,T~.sN 1i1ILLSON AND
AND SIXTH AVEr\:U:~S AND ARTHUR STHE!-':T BET';:!E:EN FIP'rrr AND SIXTH AV;::NUES.
It was moved by Commissioner Busch, seconded by CommlssL)ner .l.Ja;{e that the Reso-
lU.tion be passed and adopted and June 7th be set as the do. te for the openin~ of bids
and the moti-m was carried by the following Aye and :11:0 vote; t.hose vo tinE': Aye being
Mayor Hooy, ~ommls8ioner Busch and Commissioner Lake; tho se vot.in!! No, none.
CommunicHtion
!'{lenzel Acciden t
C T;"\
. .w.
The Manager read a communication from Roy Ke! s ter as attorney for 1':r. and Mrs.
as
Menzel to serve/wri tten notice tha t the I\iIenzel automobile b.Hd run in to an opon
sewer ditch on North Seventh Street on tJ~ evening of Nay 1st, 1940, damaein~ the car
and injuring VIrs. N!:enzel; and that Mr. and Mrs. Menzol V'lOlJ.ld look to the City for
paymont of dama~os. The Manager explained the circumstances as shown b;{ an investiga-
tion made a t the time of this accident. The comnmnlca tion was referred to the Oi ty
Attorney' for sU.ch action as he deemed necessary.
Copper Pipe -- Water Department
The Manager requested authority from the Commission to purchase 2000 feet of 3/4"
copper pipe for the City '<l/ater Dep::.,rtment, and stated that the approximate cost of
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this pipe would be ~~338 .00. It was moved by Connni ss ioner Lalce, seconded by Commis sianer
Busch that the City. Manager be authorized to purchase tLis copper pipe and the motion
was carri ed by the fo llowlng Aye and No vote; those vot.i.nc; Aye being Mayor Hoey, Com-
missioner Busch and Commis[doner 1alce; those voting No, none.
Building - - Olive 8,; Viillson - - Gas Sta tion
1J.'11e Manar~er presented plans of the Continen tal Oil Company for the cons truc tion of
a gas station at the corner of Viillson and Olive Streets. 'Ihe plans were inspected
by the City Commission, amI it was moved by Comnissioncr Lal{c, seconded by Commission-
er Busch that the plans be approved with the exception of the driveway entering this
station from Olive Street and that tlw permit be granted to construct this driveway
only as far west on Olive Street as the present north and south crosswalk fronting
the property unt:1.1 such time as need 'can be shown for extendIng such driveway to
the west to pass over the crosswalk and the corner of the parking area at this street
intersection and the motion was carried by the following Aye and No vote; those
voting Aye being Iv!ayor Hoey, Commissioner Busch and Commissioner La1ce; those voting
No, none.
Communication Junior Chamber of Commerce
A comnn;mica tion from the Junior Chamber of Conrrncrce was presented and read re-
C1uesting that the City Commission waive the license for a Carnival to show with the
Roundup sponsored by the Junior Char:::.ber of Commerce in August. It was moved by Com-
missioner Busch., seconded by Commissioner Lalce that the liCense fee be waived prOVided
The Ci ty of .oozeman is not put to any expense and the motion was carried by the fol-
lowing Aye and No vote; tllOse votinc; Aye being Mayor Hoey, Commissioner Busch and
Commis 31 oner Lalw; tho~' e vo ting No, none.
Bond -- L. S. 'l'horpe, CityEnginecr
The bond of L. S. Thorpe as City Enginoer in the amount of :lPlOOO was presented;
the bond was approved as to form by the City Attorney, whereupon, it was moved by
Commissioner Lake, seconded by Commissioner Busch thHt the bond be approved and ac-
cepted and the motion was carried by the following Aye and No vote; those voting
A:re being Mayor Hoey, Commissioner Busch and Commissioner Lake; those voting No, none.
Application for City License
The following applications for City License were presented and read:
~cLaughlin Construction Co.
Farrin0ton Service Station
Stephenson Setvice Station
R. T. Slnnema
W. G. Hickey
Dutch Mill
George Boylan
Parle Rooms
It was moved by Commissioner Busch, seconded by Commhlsioner La1(O tha t the ap-
pllcations be approved and the licenses issued and the motion was carried by the fOl-
lowing Aye andKo vote; those votlnf, Aye being Ma~7or E('\ey, Commissioner Busch and
Co~nissioner Lake; those voting No, none.
Bids for SIn No. 333 Bonds
The matter of selling the bonds of Special Improvement Distrlc t No. 333 was
discussed. It was pointed out that, if the bonds were, sold and the contractor paid
in cash, it mie;ht be possible to secure a lower bid than if the successful bidder
is rerp.J.lred to accept bonds in pa~lment for his contract, also that there might be
possibility of securing a lower interest rate on these bonds than has been possible
to secure on similar bonds in the past. The Manager outLIned the procedure under
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which similar bonds had been advertised and sold. .
It was moved by Commissioner Lake, seconded by Commissioner Busch, th~-lt the Clerk
be authorized and instructed to advertise for bids for the purchase of the bonds of
Special Improvement District No. 333, in the am'Jlmt of approx~mately {~85,OOO.OO, fol-
as
lowing the same procedure/was followed in the sale of the bonds of Special Improvement
District No. 315, and the motion was carried by the following Aye and No vote; those
voting Aye being 1Yiayor Hoey, Commissioner Busch and Connnis sioner Lake; thos e votiTIf~
No, none.
New Roff
Ci t:y 11all
The Manager stated that the roof of the City Hall is in poor condition and leaks
badly; that he has investigated the advisability of repairing the old roof as well as
the ins talla tion of a new roof. He s ta ted tha t the me terial for anew, built-up,
ten year guaran teed roof would cos t approxima tely 4;l400 .00 and th:c. t the labor for re-
moving the old roof covering and installing this new l11a terial would cost approxima.tely
~;200 .00.
After discussion, it was moved by Commissioner Lake, seconded by Commissioner
Busch, that the City Manager be authorized to purchase necessary material from the
Monarch Lumber iJompany for reroofinG this building and that he also be authorized to
enter into a contract for the City with Mr. John E. Oleson for the necessary work for
putting on this new roof and the motion was carried by the following Aye and 1':0 vote;
those vo ting Aye being Mayor Hoey, Comrnis s loner Busch and Commis s ioner Lake; those
voting No, none.
Adjournment
'rhere being no further business to come before the Commission at this time, it
was moved by Con.'l1isni oner Lal{e, seconded by CO!!L-rnis s ioner Busch tha t the mee tine; acl-
journ and the motion was carried by the following Aye and 1\0 vote; those voting Aye
beLng I!!ayor Hoey, Commissioner Busch and Commissioner Lake; those voting No, none.
Att~
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Clerk of the ommission
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