HomeMy WebLinkAboutResolution 173 Financing of Cost and Expense of Babcock Street
-.-. --.--------.--..... -
--.-.".--...
liS'?
--.-.--.-.----..-----
- _.".,,_..".___n_.._..____n_.____
C01illISSION RESOLUTION NO. 173
A RESOLUTION
OF THE COMMISSION OF THE CITY OF BOZEMAN
I PROVIDING
FOR THE FINANCING OF TEE COST AND EXIJENSE OF
OPENING BABCOCK STREET, THE COST AND EXPENSE OF THE
CONSTRUCTION OF BRIDGE OVER AND ACROSS BOZEMAN CREEK
AND OTHER INCIDENTAL EXPENSE IN CONNECTION THEREWITH
.
WHEREAS:
( 1)
Heretofore, on the 12th day of October, 1928, the Commission
of
the City of Bozeman passed Ordinance No. 573, entitled
"AN ORDINANCE
PROVIDING FOR THE OPENING OF BABCOCK
STREET BETWEEN
ROIDE AVENUE AND BO ZEMJ~N A VENUE IN
THE CITY OF
BOZEI...(\N, COUNTY OF GALLATD~, STATE OF
MONTANA, AND
FOR THE ACQUISITION BY THE CITY OF
BOZEMAN TIL:OUGH
CONDEMNArrION PROCEEDINGS OF
PRIVATE PROPERTY
THEREFORtT
and
(2)
Thereafter, the City of Bozeman filed in the District Court of
the Ninth Judicial District of the ~tate of Montana, in and for the County
of
Gallatin, an action to acquire by condemnation proceedings all properties
nec-
essary for the opening of Babcock street, which action is entitled
"THE CITY OF BOZEMAN, a Municipal Corporation
I
of the State of Montana,
P
laintiff,
-vs-
BARBARA SPIETH, MARY JANE IvLAUGHAN, HARRIET
ANNE KYLE, PERMILLA MAXEY LUCE, EVA MAXEY
GARNIEE, HENRY McCORMICK, DANIEL MAXEY
McCORMICK, EDMUND BURKE (EDWIN) McCORMICK,
EVA MAY CARMIN, JOHN MAXEY, VlILLIAM MAXEY,
GEORGE 1vaEY, DAVID 1lliXEY, and BERTIE M.
OWENHOUSE, Mortgagee, TILLIE MENZEL, SALLIE
BRAGG, LEANDER }~RSTON and SYL G. BRAGC,
Defendants"
and thereafter Final Judgment was made and given by said District Court
on the 12th
day of April, 1929, and the Final Order of Condemnation was filed on the
25th day
of April, 1929; .and
(3 )
Thereafter, the Gity of Bozeman, pursuant to the provisions of
said Ordinance No. 573, paid to the several parties entitled thereto,
under the
Final Judgment as aforesaid, the amounts due them for properties taken
under said
Final Judgment, and the saidportion of Babcock Street between Bozeman
and Rouse
Avenues was duly opened,
the bridge over Bozeman Creek constructed, and other
I work performed necessary to said opening; and
(4 )
In the acquisition of said properties, the construction of said
bridge and the doing of the necessary work incident to the opening of said street,
the ~ity of Bozerr~n necessarily expended the sum of $10,219.15, as follows:
"19Z9
Warrant Ho.
March 1 Justin M.
Smith
stenographi~ Service, Sheriff's
fees, etc.,
17113 73.20
-.
. -- ..--"...-.--..."'-
. ...----.".-....--..--.
488
-..---.---...----"."'''.
.. - ..--.-....-.. --.-.-..--.-.-......--.-.-.
__.__m__.__..._.... ..__" .._._"'.
-..- .--,,--.-..-.-----------------.--..--------.---....---.---------....-
._._------~--------_._._.. ..
1929
Wa.~'rant No.
April 1 State Publishing Company
16830
7.10
June 1 Unexpired portion of Police on Menzel House
17631
2.34
Advertisement,
Sale of Buildings, 17633
12.90 I
July 1 Engineer's Payroll
17720
2.00
Leander ~arston
Case (to H.R. Green,
Missoula) 17797
.50 .
Sy1 G. Bragg
Purchase of Property 17270-71
841.00
Leander Marston
Purchase of Property 17273 to
17281,
inc. 4333.00
Tillie 1,~enze1
Purchase of Property 17282 to
17286,inc.
2390.00
Barbara Spieth
Purchase of Property 17287-88
593.00
F. w. Leck1iter
Appraiser
17289
90.00
E. J. Hines
Al)praiser
17290
90.00
H. B. fucCay
Appraiser
17291
90.00
Frank Kyle
Witness
17292
3.00
John Bartholomew
Witness
17293
3.00
Wm. Smith
Witness
17294
3.00
E. L. Bartholomew,
Vii tne ss
17295
3.00
J. R. Cotton
Witness
17296
3.00
M. J. O'Connell
Witness
17297
6.00
I
Geo. Cox
Witness
17298
3.00
P. C. Waite
Witness
17299
3.00
Joe Ulrich
Witness
17300
3.00
G. E. JIi.larv
in Court Reporter
17301
5.00
W. D. Bell,
Co. Treas. Marston Taxes 17302
4.30
Engineer's
Payroll Bridge
18014-18-33-
34-35-36
482.18
Robt, Thompson
& Son Gravel
18141
226.88
Gallatin Lumber
Co. Lumber
18142
84.55
Monarch Lumber
Co. Lumber (x; Cement
18143
100.95
Kenyon-Noble
Lumber Co. Lumber (x; Cement
18144
84.85
I-I. B. 1J.cCay
Hardware
18140
18.65
Engineer's
Eayro11 Grading
18201
pt. of 18202 111.50
11 "
Bridge
pt. of 18202 111.68
Kenyon-Noble
Lumber Co. Cement
18312
203.00
I
Gallatin Lumber
Co. Lumber
18313
12.50
Engineer's
Payroll Grading
18411
34.37
"
It
Bridge 18427
. ...--'P-'.- ........
--...-..........
l~8~~
~ - \.- ','
--.--...---..... ..-.-..-..----..-- -...-.
necessary for the cost and expense of openi~g said portion of Babcock
street,
as aforesaid,
was borrowed from the Water Fund, and all of the expense aforesaid
I has been fully paid from said Water Fund, prior to the 1st day of January,
1930;
and
(6 )
It has been determined by the GOffiIlission of the City of Bozeman that
an annual tax of one
(1) mill on the assessed value of property in the City of
Bozeman will provide approximately"B3,000.OO per year, and tlmt on this
basis, it
will take about five years within which to pay said cost and expense,
principal,
plus interest at the rate of six per cent per annum; and
( 7)
Pursuant to the provisions of Commission Resolution No. 152,
enti tIed
"A RESOLUTION OF THE COMMISSION OF THE
CITY OF BOZE11Mr DETERMINING THE AMOUNT
OF CITY TAXES FOR ALL PURPOSES TO BE
LEVIED AND ASSESSED ON TAXABLE PHOPERTY
IN THE CITY OF BOZENAN, STATE OF MONTANA,
FOR THE CURRENT FISC.AL YEAR OF 192911
passed and ad,opted by the Commission of the City of Bozeman,
on the 9th day of
Augus t , 1929,
a levy of one mill on the taxable property in the City of Bozeman
was made as follows:
"B - 2. Opening Babcock Street
I
Babcock street Fund, Ordinance
No. 573 1 Mill"
providing a fund for the payment of the co:st and expense of opening
said Babcock
street, as aforesaid,
and it is necessary and proper that tLe method of financing
said cost and expense be defined and determined by the Corrunission.
NOW THEREFOHE,
BE IT RESOLVED
BY THE COMMISSION OF THE CITY OF BO:~EMAN:
(8)
That the cost and expense of opening said Babcock street,
including
the aoquisition of the properties therefor,
the construction of the bridgs across
Bozeman Cree~,
the grading of the street and other expense incident thereto, has
been the sum of $10,219.15;
(9 )
That this amount shall be, and has been, borrowed from the
Water Fund;
(10)
That claims for tLe seversl i terns of expense, aggregating
,_~10,219.15, have been presented to and allowed
by the Comrnission, and entered
on the Claim Register;
I (11)
That warrants shall be, and have been,
drawn and issued on
"BABCOCK STREET FUND" in payment thereof;
(12)
That said Warrants in pa;rment thereof shall be, and have been,
regi stered on the '3ABCOCK STREET FUND, and de Ii vered to the
several claimants
and holders of said Warrants, and thet said warrants have been duly paid
from
the Water Investment Account", as hereinafter set forth;
(13)
That !n payment of said cost and expense, as evidenced by said
Warrants asaforesaid, the sum of ,~lO, 219 .15 shall be, and has been,
borrowed
.. . .._'"-..........1.. _..
.__.n..__.
--".....---.,...
4 ~l(}
------..---"... .
.. ------.---.....--..---....---
from the "Water Fund" and transferred to the rrWater Investment Accolmt";
(14) That said Warrants shall draw interest at the rate of six per
cent per annum from the date of registration; -
(15) That for the purpose of providing a fund for the pall:ment of said I
Warrants drawn against the BABCOCK STREET FUJ'm, there be, and there has been,
levied on the taxable property in the City of Bozeman for the year 1929 a levy of
one mill, and that the money derived from said levy shall be, and it has been
credi ted to BABC OOK STREET FUND;
(16) That hereafter during the years 19~0, 1931, 1932, and 1933, a
like levy of one mill on the taxable property in the City of Bozeman be made, and
tha t the money deri ved therefrom be credited to the BABCOCK STREET FUIiTD for the
.
retirement and payment of said Warrants;
(17) That with the colleotion of the tax from the one-mill levy, as
herein set forth, for the years 1929, 1930, 1931, 1932 and 1933, or such proport-
ion of the one-mill tax for the year 1933 as may be neeessar;y, sufficient funds
will be derived for taking up and retiring said Warrants so issued and held, as
herein set forth; that upon the taking up and retirement of said Warrants, the
moneys represented thereby, during each and every year, shall be credited to the
Wa ter Fund, prine ipal and interest, and that the Water Fund shall thereupon be I
reimbursed for the moneys so borrowed, :principal and interest, at the rate of six
per cent per annum;
(18) That the Director ofF'inance be, and he is, hereby directed to
comply wi th and carry out the terms and conditions of this i:~esolution as herein
set forth.
PASSED and ADOPTED by the Commission of the Ci.ty of Bozeman at a
regular session thereof held on the 14th day of March, 1930.
7~ .~
/.t /'/'1., .. .//L/ r./. /.
'-/ Mayo lJ.
Attest: .
~%~~~
Ie 0 the ommission
I, Elizabeth J"oLwon, Clerk of the ConJ,jiss LJl1 of the City of Bozeman,
Iv:ontana, do hereby cert ify that the ro::'eeo inc Hesolut ion No. 1?3 of' tIle City I
of BOZell8.~~: 1.:.Oj1taru,:" "\'IaS :pub lislled by title, in the Bozemdli Daily ChTo~licle, 3.
daily newspaper of ceneral circulati02, nrinted and published in the City of
Bozeman, in tLe issue of Il'larch 14, 1930, and that dueproof of said .publication
was made and filed in r.~ office.
IN :'fITNK,:S W1IEREOF I have hereunto set my hanQ and ~cLS) corporate
seal of said City tLis 14th day of l/[3.rch, 1930.
\l~_~,
C01IlTIli:~:n 0 n
.. -".-.".------
__.' ._----"0.&._