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HomeMy WebLinkAboutResolution 542 Sell Gallatin County as Undivided one-half W".1f>- b ')CJ ,~cfJt;f>'" /+fl.. loW'.J 1.1-;000/ /.. COMMISSION RESOLUTION NO. 542 /...... ..~;J./ A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, GALLATIN COUNTY, ..;,/ STATE OF MONTANA, l~PRESSING THE WILLINGNESS OF SAID CITY TO SELL TO . GALLATIN COUNTY AS UNDIVIDED ONE-HALF INTEREST IN GALLA TIN :!fIELD ,AN AIRPORT O~mED BY THE CITY IN SAID COUNTYE FOR A STATED PRICE AND UPON CERTAIN CONDITIONS PREDEDENT TO SUCH SAL WHEREAS, The Gallatin Airport Board, an administrative city and county board created I and functioning under and pursuant to the provisions of Chapter4Z0 of the Political Code (Sections 5668.35 to 5668.40, inclusive) Revised Codes of Montana, 1935, as amended by Chapter 54 of the Laws of the 27th Legislative Assembly of The State of Montana, 1941, has made formal representations to this Commission that it would be advantageous for said City and County and the inhabitants thereof. if Gallatin Airport, now wholly owned by the City but administered and operated jointly by said. County and City acting by and through said Gallatin Airport Board, be also owned in common by said City and County; and WHEREAS, said Gallatin Airport serves all of the people of Gallatin County by reason of being located about nine miles west from The City of Bozeman and about one mile east of the Town of Belgrade on U. S. Highway No. 10, and it is represented to this Commission that there is substantial reason to believe that such service will be greatly increased when the war in which our country is now engaged is brought to 8.n end if the factli ties of said Airport are adequate to accommodate such increased service, and this Commission believes such representations to be well founded in fact; and WHEREAS, said Airport as it at present exists is wholly owned by The City of Bozeman and represents an investment of City and Federal Government funds in a sum approximating I $400,000.00, but for the peoplp to get from it the best and most advantageous use further substantial capital investment which can be financed only by a bond issue authorized by a vote of all of the taxpayers of Gallatin County, including tho~e of such taxpayers as are residents of The City of Bozeman, probably will be necessary, and to legalize such bond issue it will be necessary that the County of Gallatin be owner of said Gallatin Airport to the extent of an undivided one-half interest therein, and the City Commission 1s of the opinion tha tit would be for the general ~ood 0'" all of the people of Galla tin County tha t there be such common ownership. NOW, THEREFORE, In consideration of the premises, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1 That The City of Bozeman, subject to the terms, covenan ts and condi tions hereinafter stated, will sell and transfer to Gallatin County, State of Montana, an undivided one-half (!) interest in and to the real property known as Gallatin Field, in Gallatin County, Montana, and specifically described as follows: I All of Section Six (6), Township One (1) South, Range Five (5) East, MM, together with the East One-Half (El) of the East One-Half (E!) of Section one (1), Township One (1) South, Range Four (4) East, MM. and a part of Section Seven(7), Township One (1) South, Range Five (5) East, MM. con- taining 331.68 acres, b~ded as follows: Beginning at the Northeast corner of said Section kp, TlSR~, and running thence south along the section line 3,694 feet; thence South 49 degrees 50 minutes west 997.5 feet, to a point on the north boundary line of U. S. Highway No. 10; thence North 53 degrees 37 minutes West 5,332 feet to a point on the West line of said Section Seven (7); thence North 1,174.4 feet to the Northwest corner of said Section Seven (7); thence east on the line between Sections Six (6) and Seven (7) 5,055 feet to the point of beginning. Being in all 1,114.81 acres, more or less, ...-- _. .__.__._n___....". 'Jq() f~, f~ for the sum of $7,332.27, said sum being one-half (i) of the said City's actual cash investment and outlay in acquiring title to said real pre>perty, exclusive of the im- provements made on said property by the United States Government to the value of approximately $385,000.00, transferred to The City of Bozeman on or about October 15th, 1942, and now owned by said City, and which transfer and conveyance to Gallatin County shall include an undivided one-half (~ ) interest in said improvements as well as in the I land as above described, upon which said improvements are situated and located, subject however and only to existing agreements and undertakings of the City with the United States Government relating to operation and maintenance of said Airport, Radio Range 3i te and Aeronau tics Communica tion Station, and each and all thereof and the use thereof, and of each thereof, by the Uni ted Sta tes Government and its armed forces, now or here- after. Section 2. That a auly authenicated copy of this Resolution be delivered to the Board of County Commissioners of Gallatin County for the consideration of said Board, and upon receipt by the City Commission of a duly adopted and certified copy of a re- solution of said Board of County Commissioners providing for the submission to the qualified electors of Gallatin County qualified to vote thereon, a t the general election to be held in November, 1944, the nuestion, if this offer shall be accepted and bonds of Gallatin County in an amount agreed upon by said City and County Commissions and said Airport Board as surficient to finance such purchase and adequately equip said Gallatin Fie~d, as authorized by the laws of The State of Montana, then The City of Bozeman will make and execute a good and sufricient conveyance of said one-half (~) interest in said I property to Gallatin County and place the same in escrow with a Bozeman bank, with in- instructions to said escrow holder to deliver said deed to Gallatin County upon pay- ment to said bank escrow holder ror the account of The City of Bozeman, of the Bum of $7,332.27; provided that before tenderin~ such payment to the escrow holder for the account or the Ci ty, the Board of County Commissioners shall have certified to the City Commission of The City of Bozeman that such bond issue has been duly approved by the electors qualified to vote thereon and said Board of County Commissioners will issue and sell such bonds within a reasonable tim8 thereafter and use and apply the proceeds City of such sale as may be necessary or advisable in the judgment or said County end/air- port Commission for the uses and purposes herein s ta ted for the: pc:;rmanent improvement or said Galla tin Field as an Airport, and make an annual levy for 1 ts upkeep and oper- ation, as may likewise be necessary and advisable, and as authorized by law. Section 3. This offer shall remain open and in full force and effect until June lOth, 1944 and no longer, unless said Board of County Commissioners shall on or before that date have communicated to the City Commission, in the manner hereinbefore provided, I the intention of said Board of County Commissioners to accept this offer, contingen t upon approval by the qualified electors, as aforesaid, and to submit the question of such acceptance and a bond issue pursuant thereto, to said qualified electors, in the manner provided by law, at the general election to be held in November, 1944; and if such conditional acceptance and intention be so certified the offer hereby made shall continue to be open and subject to acceptance :In the manner and form as hr:,rein provided until the 15th day of December, 1944, and no longer, and shall thereafter be considered Resolution No. 542 . - .-.... - __..u. ')9f) f~. ( as withdrawn, void, and of no force or effect, and any deed placed in escrow pursuant hereto by The City of Bozeman may be withdrawn from such escrow by said City. Passed and adopted by the unanimous vote of the City Commission of The City of Bozeman in regular session assembled this 19th day May, 1944. Attest: QI~~ I d~~n Mayor Published in Bozeman Daily Chronicle by title on the 23rd day of May, 1944. Sb te of Mon tan a ) ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman do hereby certify that the foregoing Commission Resolution No. 542 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said city in the issue of May 23rd, 1944, and that due proof is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my office this 27th day of May, 1944. I Cle~~~ I Commission Resolution No.542 -. ....-.-....".--.. .--