HomeMy WebLinkAboutResolution 518 Joint Resolution, Airport
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COT/lif1S.':;10J" RJ':SOLU'I'IOlf
NO. 518
AN AGR1.':ErmNT AND JOINT RESOLU'I'IO"K Q}'.' 'rIill CI'l'v cor,n,nS.:;IOl: OP 'rIIE
CI'1'Y OP BOZETGiN,
L'rON~L'ANA , AXD OF' 'rEE BOARD OF COUFTY
COJ\',T,nSSIO"-::;:RS OF Gl\LLA'J'IN COUHTY, 1_'/\N A ,
IN H"GULAR SESSION AS~3EMBLli;lJ,
Cn::.i\TING A .JOHn' BOARD AND 001:1,1 RHING UPON SAID
JOIWr BOAR]) .TURIS~nC~TI01: pon 1'1m 1MPROV"[':MEN1\2::C/,UIFl'r:N'1',
MAIN'l'ENANC:; AND OPERA-
TION OF GALLATIN FIELD, O'l'HTmVfISJ';
KNOWN AS 130ZF:NIAN AIRPORT, PURsrlAwr '1'0 A JOIN'l'
RESOLUTION o I" Si\ID CrL'Y COMT,nS~:;ION AND SAID BOARD OF COTJNTY e()T,,;r'l:IS;~IOl:rms,
ADOP'l'E}) BY SAID erIT comns :-;1 em n: w,:crULAR 31':S3101'1 ASSEMBLED ON TEL': 3ED
DAY QI.'
.JUL Y , 1942,
BY SAIL) BO_,~I\D OF COUWl'Y COl.F/1s~norTER~) 11< r--rF~GTILAR SESSION ASSEJ!.'1BLED
ON 'I'HI~ 22J11l) DAY OF JULY,
1942, AN1) ALSO PURSTTANT TO 'tHE AU'l'HORI'lry AIW l'OWlm SO
I
TO DO CONFERRED BY '['HE PROVISIOKS OF CHAPTER 420 OF 'rIlE POLITICAL CODE, REVISED
CODES OF MON'l'ANA, 1935, AS ATrF~NDEr)
BY CHAPTEH 54 OF THE LAWS OF 'l'IIE 27TH LEGIS-
LA TlVE ASS1;~~mLY OP THE 3'I'1\ TE OF MON'I'ANA,
1941.
F hl~l-\.lVJbLl''';
WH1~REAS , The City of Bozeman,
actlnrl' by and through its City Commission in regular
session assembled, cUd on the 3rd day of July,
1942, enter into an BrI'reement in writing,
desii-mated as City Commission Resolution No. 512, wi th Galla
tin County acting by and thru
its Board of County Com~issioners :in reg1l1ar session assembled,
for the joint operation
and control of Gallatin Field, also knovlD as Bozeman Airport,
and which was entered at
large upon the mjnutes of the proceedings of said
Hoard of County Commlsnio ers as of
da te .Tuly 22nd, 1942, which said
agl1"Pmen t is hereby made a part hereof by such reference
for the purpose of the interpretation and construction hereof ::muld occasion arise; and
WHEREAS, under said agreement it was provided that The City- of Bozeman,
owner of all
of the land on which said Airport 1s located, and the County of
Gallat:ln should estabU.sh
and erGo. te a con trolliTIF~ board which shall have charge of the opera tion and maintenance of
said Airport pUrS1Jant to the power and authority to do so granted by '1'he State of Montana
by the provisions of Chapter 420 of the Political Code,
H. C. Mon tana 1935 as amended b;T
Chapter 54 of the Laws of the 27th Lefdsll'ltive Assembly of 'I'he State of Montana,
1941 ;
now therefore, in consideration of the
premises anc1plJ.rsuant to the ,jolr:t rpsolution and I
agreemeDt of the parties hereto as aforesaid and hereinbefore in this preamble referred to,
IT 13 RE~)QLV1'~T) AND !lCJ-Rl'~j2;D BY THE CI'IY OF BOZEr,':AN AN') TEr; COUN'['Y OJi'
nALLA'T'IN ACTIFG
BY THEIR RESI'EcrJ'IV[': GOVTmNING BODIES, J\JAMELY,
rrIJE CI'l'Y CO~MtIS~:;Imf OF' TJ-iE CI'I'Y OF
BOZEMAN IN RTWTTLAR S-SSSION AS~3:':MBL:m AND T1E BOARD OF' COUETY COMJ,"IS~nONERS OF
Gi\LL,CI. TIN COm,iT"{ IN R-GULAR SE3SL)N AS::-;~~I'iTBLED,
AS '''OLLOWS:
I.
Creation Of Joint Board: That
there is hereby created, pursuan t to tb.e
laws of The
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3ta te of Mon tana in such case made and orovided and specified in
the preamble hereto, 8.n
Airport Board to 118. VB and which sb,'ll h." ve jurisdiction for the
improvement, equipment,
maintenance and operation of said Gqllatin Field or Bozeman Airport located upon land
owned by The City of Bozeman near the ~von of Belgrade,
G~llatin County, Man irma, and now
in course of construction by the 'United States Government.
II
PERSONNEL OF BOARD: Said Airport
Board. shall consist of five members, residen ts
of
saJd Gallatin County, Montana, two
to be designated by the Board of County Commis:"ioners
of Gallatin County, two by 'rhe Ci ty of 130ze"..-;an by and throur:b its Oi ty Commis
sian, and
a fifth memb"'r to be chosen by the four so n'lmed.
'l'ha t the two named and appoin ted by
I
the BORrd of County Commissioners are John Buttelman, of
Willow Creek, Galls tin County,
and Sam C. Allen, of Belp;racle,
Galla tin County, a,nd the two named and appointed
by the
City Commission of The City of Bozeman are Gardner Waite,
and Dean Ch9..ffin, both of Boz-
err:an, ]\lon tana. That the fifth member of said
board, desip:na tecl and chosen b;.T the other
four, is Leon D. Gonkling of Bozeman.
III
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III.
TEml: OF OFFIC-' AI'm BOND:
That the terms of office of the aforesaid members
of said
Airport Board shall be as follows:
.Tohn Butt.e..man and Gardner .v\Jaite shall hold office for
the term of three (3)
years; Dean C~affin and Sam C. Allen shall hold office
for the term
of two (2 )
ye a r s ; and Leon D. Conkling, SD all hole: offic e for
the term of One (1) year.
'I1ha t
the term of offic e of each of such Airpor
t Board members shall begin July 30th,
1942, and
I each shall hold unt:U his
successor is elected and qualified. The
term of each Airport
Board member after the first ones hereb;r appointed, and at the
expiration of the terms
herein specified shall be for three
(3 ) years from and after the cbte of his appointment
and qualification and nntil his
successor shR 11 be appointed and qualified.
Each such
member shall qlJallf:T by taking and subscribing
the constitutional oAtb of office in dup-
licate, one of which shall be filed witil
the County Clerk and Recorder of G811a tin County
and the other with the ClArk
of the City Commission of The Citv of Bozeman.
Every person who has been appointed and
declared a member of the Airport Board as
hereln contemplated shall within ten
da Y8 after as slJ.ming the duties of 3uch office execu te
and give a good and sufficient Surety Company bond
in the sum of $1,000.00 conditioned
for
the fai thful performance of the duties of hi s office which bond shall be filed wi
trl the
Clerk and Recorder of Gallatin ~ounty,
~lon tana. rl'he premium on 811ch bond shall be paid
from the Joint Airport Fund previously cr'cca ted.
IV
V ACAJlTCIES :
Vacancies in the membership of the Board for any reason shall be
filled
I by the authority which appointed the member of the Board whose office becomes vacant,
thu s ; bv the Board of G01mtv ~ommissioners
if the member wbo office become 3 vaoan twas
, .
appointed by said Board; by the ~ity Commission of The City of Bozeman
if the member whose
office becomes vacant was appointed by said
City Co~~ission, and by the Airport
Board if
the member whose office becomes vacnnt was appointed by said Airport Bosrd;
provided, that
as to any such eppointment by the Airport
Board, it shall be certified to the Board
of
County CO~ITlssioners and
to the Cit:,.' ComIT'is,'Jion and sf1811 be p1r:-ICE,cl on file In
the office
of the Coun ty Clerk and Recorder of G", 11a tin County and
in the office of the Clark of the
01 'By Commis :'ion, Rnd
no such appointment b:r the Airport Board sholl be effective until so
certified. Any person appoirted to fill
a vacancy on the Airport Board shall hold for
the
unexpired term and until his Sl1CCeSROr is appoInted and qualified.
V.
ORGANIZATION OF BO^RD:
Within ten days after notice of their appointment the Airport
Board shall meet ard or~anize by the election of a chairman,
a vice-chairman, and a secretary.
So tha t the County and Ci ty may he ve official lmowled.Q'e
thereof, the names of the Chairman,
V ice -cha irrnsn, And SAcretary
shall be certified to the City and County respectively,
and
I shell be placed on file with the COl1nty
Clark and Recorder of the County and wi
th the Clerk
of the City Commission, snd tJd.s shall also be done when any chanp;e
takes place in either
of said offices.
VI.
RULE;-_' ^NJ) R(GUL!\ TIONS :
Sub.i ec t to t}le approval of the Board of County
Commissioners
and of the City Commisfion,
which shall bo endorsed thereon signed by the Chairman of
the
Board of County Commissioners snd by the Nlayor of The City of Bozeman,
the Airport Board
shall adopt rules and r('gulations for its own government
including the time
and place of
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Resolution No. 518
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234
:its meet:tnrzs, both regular and special,
Rnd the manner of calling special moet1ngs; pro-
vlded, tha t regnlar meetings of
the Board shall not be more than once each month;
pres-
cribing the duties of its officers, the nn.mber of Board members which
shall cons ti tute a
qlJ.orum, and for the coneIuc t of
its business and proceedinp;s generally. A copy of such
rules and regula tions, so adopted and approved,
shall be filed wi th the County Clerk and
Recorder of Gallatin County and with the Clerk of the C1 ty Commis
.sion of 'fhB C1 ty of
I
Bozeman, and no chanl!e there1n or amendmen t there of sha 11 be effec ti ve unti 1 su ch
change
or amendment has been likew18e approved and filed.
The Airport Board shall keep a record
of 1ts proceedings which shall at all times during re~11ar office hours be open to the
inspection of the Board of Coun ty Com~is "ioners,
the City Commission, or of any city or
county official desir-nR ted by el ther of said bodies, the
Sta te Examiner or any of his
deplJ ties, and the pu'blic generally.
VII
COMPENSATION OF' .~IRPORT BOARD I'i1:::;:mTmS: Mombers of
the Airport Board shall receive
their actual necess8ry ex-Donees in a ttend:i.nr,: meetings of the
Hoard, to be paid out of the
joint count-:T and city Airport r,lund to be created by tax levy as apreed between the County
and the C1 ty lJnder d8te of July 3rd and July 22nd,
1942, as referred to in the
preamble
hereof and shall receive no other compensation whatsoever for services rendered in con-
nection with their duties as members of the Airpor t Board.
Expense claims of Airport
Board members sha 11 be itemized,
showinp: in detail how and for what the claim accrnecl,
and shall be subscribed and sworn
to by the claimant, as other cIa 11"1s aRainst
the County
and the Citv. Such claims mus t be approved in wri ting by a ma jori ty of
the !\.irport
I
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Boa rcI , f11 ed wi th the Secretary of tne
Airport Board, entered in the minutes, and
paid as
are other claims against said joint Airnort ~lnd,
created as aforesaid; provided. ,
trl e
sum allocated therefor in the budl!et for each fiscal year, which buc!p:et
for the first
year sh81l be prepared by the Airport Board not less than
thirty days after itB appoint-
ment and or~anization, and annually thereafter not less
than thirty days before
the ex-
piration of the ti-,on current fiscal y"a1',
shall be sub j'2 c t; to the
approval of the Board
of County Commissioners and the City Commissi on and shall not be
effective until so approved.
VIII.
POWERS AND DUTIES OF AIRPORT BOARD: The Airport Board created and
established hereby
shall have the following powers:
1. To provlc1e for the improvement, eql1
ipmen t, ma In tenance and. o:,era tion of sa ld
Airport or Landing Field, but shall make no contract nor incur any obligation
for such
purposes, nor of any of them, which singly or in the aggregate 81:1a11 involve an expendi-
ture of any more money than is avai1gb1e in
the joint Airport Fund established and set up
by the joint action of the County of Gallatin and The City of Bozeman and any accretion
thereto from fees or rentals or any other source for the fiscal year in which any such
I
expenditure shal]: be contemplated; and 8. ny agreemen t or con trac
t involving SlJ ch exces s
expenditure shall be void.
2. To fix fees and rentals for tIle use of said Airport or Landing Field, blJt slJb-
ject to the approval of the C i t:T CommIe c, ion nnc1 of the 130'-:; rd of COlm
ty Commls s1 onArs 0 f
G[1 11a tin County.
No c~;ntract or agreement for any expenditllre of any SlJm in excess of :,~250.00 shall
Resoh)tion No. 518
.)(~ r-
l...t..~)
be made or en tered in to unless bids
for the work or equipment have been called for by
notice statinp the time and place when such bids such bids will be opened and considered,
and all such contracts shall
be let to the lowest responsible bidder and bond required for
the faithful performance of the contract in accordance with the provisions
of Chapter 421,
Political Code, R. C. MontanA
1935. Provided that any member of tbe Airport
Board or
I any relAtive of any such member, or
any employee of the said Board, sha 11 not be interested
e1. ther direc tly or indirec tly in the profi ts of any con trac t en tered in to by the said Board.
3. Any A7reement or contract,
or ru le or reGula tion for the improvement and maJnte-
nance, fixing fees and rentals or for the
control and regula tion of the 118 e of said Airport
or Landing Field under the preced5na clauses of this section shall be subject and subor-
dinate to any and all ap;reements and contrn.cts
made and entered into by the City of Boze-
man with the 1:Tni ted Sta tes Governmen t for the
improvement and use, maintenance and equip-
men t of said Airport or Landing .B'ield under the name of "Bozeman Airport",
and particularly,
b1J t not ex c 1 us i vel y,
that certain a,,,reement with the United States Government made and
entered into by The City of Bozeman on the
15th da;\,' of ,Tune, 1941, a copy of which is
on
file ln the office of
the Clerk of said City Commission and open to inspection by all
interested persons and the public ~enerally during re~]lar office hours.
4. To prescribe forms
of claims ap;ainst said ,joint Airport Fund, which shall be
verifie~ by the oath of the cla
iman t, and form. of warrant to be dravm a;rainst said l<'und
and payable by the County Treasurer of G",llatln County, who shall be
the custodian of
sa:d Pund. All such c Ie ims
shall be audited and approved by the Airport Board before
I ;::n ;:rmen t, entered upon the minutes
of the Board and approval or rejection noted in
said
mlnutes and endorsed neon the claim in such. manner as the Airport Board shall prescribe.
5. 'To make rules and ro;rula tions for
its own government and the conduc t of its
pro-
ceedings as set forth in Section 6 of tilis agreement, not inconsistent with this agree-
ment nor in violation of
law. Such rules and regula tions when adopted, and any amendment
to or repeal thereof,
shAll be entered at large upon the minutes of the Board and at all
times be open to public inspection.
IX
REIJORTS: On or before
the 30th da;; of Jtme of' 0:=\C!1 YSL,r "NhU.e ~3':\.'<~ !'.':'l'!:ort
.,
r<~
continues to
function, it sha 11 make an annual ropor t in wri ting of its proceedinrrs,
gnd
particularly of its exp~nditures,
to the City Commission of The City of Bozeman and to
the Board of Coun t;T Commis s ioners of Galla tin Conn t y, l':on tana,
covering the
entire period
preceding the date of the first such
rCDort and thereafter for the period intervening be-
tween each report; provided,
the t special reports may be caller]. fo!' a t any time by the
said City ComntsC'ion and said Board of County Conmis.s:toners,
or 81 tlJer.
X
I Rl:<:PEAL OP ORDINANCE sr<:rrTnfG UP PTIESEWl' AIRFOHT BOARD:
Ordinance No. 702 of The 0ity
of BozemAn, creating an AlrDort Board and prescribing its powers and duties,
shall be re-
pealed by the Ci ty Cnmmls.s ion at its firs t regula r meeting followIng the af!1Jroval
and
adoption of this agreement and reso
lution by the Board of Coun ty Commj.s s ioners and the
said City Comm:i.ssion.
XI.
THE HIGH'l' T04LTTm, AMTj'ND
/\N:!) REPEAL RESERVED: The right to alter, amend and
repeal
Resolution N . 518.
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this agreeP1~nt and ,joint resolution and to abolish the Airport Board
set up hereby, is ex-
pressly reserved to the County of Gallatin, actina bv and throuph its
Goard of Countv Com-
'_' Ii ,. ~
missioners and to '1'he C1 ty of Bozeman, acting b:v and through its
City Commission, by :ioint
resolution made and entered into for that purpose.
Passed and adopted by the unanimOlJS vote of the City Commis2ion of The vity of bozeman
in regular session on the 31st day of .July, 1942.
I
:tto
0Z~~
--/;J .
r -~ ,~~/;i,*-~z~::?=~--,/
Clerk of the City Commission
~..fa yor (/
Passed and adopted by the Board of County Commissioners of Gallatin County,
Montana,
and entered at large upon its minutes, this lOth da;T of Angus t,
1942.
P. II. GAF'F'NEY (Sip:ned)
At te s t:
Chairman of The Board
BESS POV1LER (Signed)
Clerk of Said Board
State of Montana )
) ss
County of Gpllatin )
I, L.
(' ShaJoan, CIerI\" of the Commlsd_on of 'l'he Cit;r of 130zeman
do hereby certify
,] .
that the forBPoing Commission Resobltion No. 518 was pnblished by ti tIe
and number in the
Ro~eman Daily Chronicle, a newspaper of general circualtion printed and
published in said I
Clty :1.n the issue of AUf!lJSt 9th, 1942,
and that due proof is on file in my office.
IN WITNESS VJH:mT~OP I hereun to set my hand and affix
the seal of my office this
lOth day of August, 1 9 42 .
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Cierk of the Com:mis-8-:ton--'~
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Resolution N""
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