HomeMy WebLinkAboutResolution 137 Purchase additional water supply
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CO:MJUSSION RESOLUTION NO. 137
A RESOLUTION OF THE' COMMISSION OF THE CITY OF BOZEMAN DE~
CLARING IT NECESSARY TO ACQUIRE BY PURCHASE AN ADDITIONAL
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WATER SUPPLY FOR THE BOZEMAN WA!ER WORKS SYSTEM, PROVID~
ING FOR THE PURCHASE AND ACQUISITION OF A WATER RIGHT
OUT OF BOZEMAN CREEK THEREFOR, AND THE PAn1ENT THEREOF.
W HER E A S:
(1) The City of Bozeman owns, operates and maintains a water works
system for supplying to the inhabitants of the City of Bozeman water for domestic
purposes; and
(2) In the years 1915 and 1916, proceedings were had for extending,
improving and enlarging the then water works system and acquiring an auxilliary
or additional water works system from Bozeman Creek for the City of Bozeman, and
at that time the City of Bozeman acquired by purchase from various parties four
(4) shares of the Bozeman Creek Reservoir, Company, and is no" the owner and holder
thereof, and the said four (4) shares represent the supply of water for such addi-
tional or auxilliary supply from Bozeman Creek; and
(3) Ever since 1919, the supply of water for the Bozeman Creek System,
has been inadequa to to supply the wants and needs of the City of Bozeman, and in
1920 it was neoessary for the City of Bozeman to purohase for use during the year
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1920 an additional supply, and paid Elmer Williams therefor the sum of Five
Hundred Do1lars ($500.00); and thereafter and in the year 1923, it was necessary
to purchase for use during the year 1923 an additional supply, and paid John
Goldenstein therefor the sum of Three Hundred Fifty Dollars ($350.00); and there~
after and during the years 1925, 1926 1927 and 1928, did purohase from Elmer
Williams additional water supply for the several years, and pay him therefor the
sum of $150.00 per year; and
(4 ) The City of Bozeman, while it has purchased said additional water
for the several years, as aforesaid, to supply the needs of the citizens of the
City of Bozeman, it has never acquired any permanent right to the use thereof; and
(5) ~~mer Willi~s has signified his willingness to sell to the City of
Bozeman a water right described as follows:
Fifty (50) inches, being a tlow equivalent to one and one-
fourth (It) cubic teet per second of time, of the waters of
Bozem9.n Creek, and which is fifty (50) inches out of the Two
Hundred inches of the waters at said Bozeman Creek whioh was
decre6d to Robertz P. Metetee, by the District Court in
Gallatin CountY', Montana, in an aotion wherein Sanford Ruffner,
at. &1.. were plaintiffs, and Amos Williams,. at. a1., were
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defendants, by Deeree dated December 2nd, 1887, and whioh
water right was decreed as being appropriated in the year
1866;
for the swm of Twenty-Five Hundred Dollars ($2500.00), and furnish a warranty
deed
therefor, with abstract of title, and in addition thereto, the City of Bozeman is
to assign and transfer to the said :&.lmerWilliams one share, Certificate No. 4
of the Bozeman Creek Reservoir Company; and
( 6) ~he Commission of the City of Bozeman, by reason of the inadequacy
of the water for the Bozeman Creek Water Supply for the Bozeman Water Works system,
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deems it not only proper, but necessary. that the City acquire from Elmer Williams
said water right, upon the terms and conditions aforesaid, so that in the future the
City of Bozeman will be assured of an adequate water supply from the Bozeman Creek
water supply to the Bozeman Water Works system, and that the price agreed to be
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accepted by the said Elmer Williams is reasonable. and that the City of Bozeman can
part with one share of the Bozeman Reservoir Company without impairing its Bozeman l
Creek water system supply;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN, AND
IT IS HEREBY ORDERED:
That the City of Bozeman purchase. from Elmer Williams the following described
water right:
Fifty (00) inches. being a flow equ.1va1ent to one and one-fourth (It)
cubic f'eet per seoond of time, of the waters of Bozeman Creek. and whioh
1s fifty (00) inches out of the Two Hundred (200) inches of the waters
of said Bozeman Creek which was decreed to Robertz P. Mefefee, by the
District Court in Gallatin @ounty. Montana, in an action wherein Sanford
Ruffner. et. al., were :plaintiffs!a.:hd Amos Williams. et.al., were de-
fendants. by Decree dated Deoember 2nd, 1887. and which water right was
decreed as being appropriated in the year 1866;
That the C1 ty of Bozeman :pay the said Elmer Williams therefor the sum of
Twenty-Five Hundred Dollars ($2000.00) by warrant drawn on the Water Works Fund; that
in further consideration of said sale, the City of Bozeman assign and transfer to
Elmer Williams one share. Certifioate NO.4. of the Bozeman Creek Reservoir Com:pany;
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That the said Elmer Williams shall submit to the City Attorney a warranty
deed for said water right, and abstract of title to be approved by the City Attorney.
and that the City :Manager execute a :proper assignment and transfer of said share in
the Bozeman Creek Reservoir Company;
That thereupon the Bozeman Creek Water Supply to the Bozeman Water Works
System will consist of the following:
:J:hree (3) shares in the Bozeman Creek Reservoir Company;
j'ifty (00) inches of the Waters of Bozeman Creek, appropriated in the year
1866, as herein Bet forth.
PASSED .AND ADOPTED by the Commission of the City of Bozeman, at a regular
session thereof, held on the 18th day of January, 1929.
AT'fEST:
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CL~~~~ON.
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