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04/13/59 SP City Council Minutes0 Moved by Young that City Engineer be authorized to call for bids on road oil for this season's requirements. Motion seconded by Huggins and carried. Willioa Sweetland, Editor of Daily Inter Lake, expressed his appreciation to the outgoing Mayor and Councilmen for their services fo the City during their term of office. Approval of Bonds: Bond. of B & M Pawn Shop was approved on motion of Young, seconded by Gustin and carried. The Council then adjourned on motion of Young, seconded by Harmon and carried. Read and approved this 4th day of May, 1959. i Mayor ATTEST City Clerk MINUTES OF A SPECIAL MEETING OF THE MAYOR AND COUNCIL OF THE CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA, HELD ON APRIL 13, 1959, at 7:30 P. M. The Mayor and Council of the City of Kalispell, Flathead County, `Montana, met in Special Meeting at the regular meeting place in the City Ball in Kalispell, Montana, on Monday, April 13, 1959, at 7:30 P. M., there being present upon roll call the following, constitutinal a quorum and a majority of the Council, viz: it Claude Walter W. L. Carlisle Walter S. Young Frank B. Hillis James E. Glistin Harry A. Fisher Harrison D. Iiuggins T. C. Harmon Richard Vick 11. J. Hunt Absent: None Mayor Councilman for First Ward Councilman for First Ward Councilman for Second Ward Councilman for Second Ward Councilman for Third Ward Councilman for Third Ward Councilman for Fourth Ward Councilman for Fourth ,yard City Clerk was also present This special meeting was held in accordance with the following notice given and acknowled?ed: TO THE 1IONOR.�BLE BOARD OF ALDERMEN CITY OF KALISPELL, MONTANA Gentlemen: There will be a special meeting of the City Council Monday, :April 13th, 1959, at 7:30 P. M., for the following purposes: OFFICIAL CANVAS OF ELECTION PAUL CANADY APPLICATION FOR SEWER CONNECTION SAFEWAY STORES BUILDING PERMIT PARKING AT ST. MATHEWS SCHOOL RESOLUTION CALLING FOR SALE OF $250,000.00 RE'.'ENUE BONDS CALL FOR BIDS OI•? SEWER PLANT IMPROVEMENTS A.^ D R-_SERVOI COVERS We, the undersigned, being all of the members of the City Council, do hereby waive notice of the date and purpose of the special meeting of the City Council to be held Monday, April 13, 1959, at 7:30 P. M., and consent to the trans- action of any and all business to come before the Council as desigr-u:.ted above. t" ATTEST H. J. Hunt Claude Walter City Clerk Mayor W. L. Carlisle H. A. Fisher Tom Harmon J. E. Gustin Merritt Warden City Attorney 11. D. Huggins F. B. Hillis Dick Vick Walter S. Young Paul Canady requested permission to connect with City sewer on his lot outside of City North of Highland Park. It was moved by Young that he be riven permission to connect to the City sewer without cost providing that within one year from this date he take the necessary steps to annex his property to the City, otherwise the regular connection fee of $150.00 would apply. Motion seconded by Huggins and carried. Written request was received from Safeway Stores for permission to pave and use the area between their lot line and street line on East Washington Street and North Main, to be used for unloading in connection with their proposed store bui.ldin,;. It was moved by Harmon that request of Safeway Stores contained in their letter of April loth, addressed to the City Engineer for approval of their proposal to pave the area between their lot line and the street line of their property located on North Main and East Washington Streets being lots 15 to 24 of Block Five, be granted. Motion was seconded by Young and carried. Moved by Harmon that the matter of curb cuts and boulevard removal on Jack Brown property on 3rd Ave. E. N. be referred to the Sidewalk and Curb Committee. Motion seconded and carried. Moved by IIuggins that the action of the Council December 1, 1958, in authorizing the Chief of Police to erect "No Parking" signs on the West side of `Main Street, between 6th and 7th Sts. and 20 feet back from cross walks in adjoining blocks, be rescinded. Motion seconded by Vick and carried. ?Moved by Vick, seconded by Fisher, that the matter of parking regulations in front of St. Mathews School be subject to the discretion of the Chief of Police. "lotion carried. A written report to the Council from the :�oard of Police Commissioners was presented, recommending the transfer of Police Chief Meade James to the inactive reserve by reason of disabilities incurred in line of duty. It was moved by ZTisher that by reason of the recommendation made by the Board of Police Commissioners and in view of Police Chief Meade James having been disabled while in service in line of duty in the Police Department that he herewith be transferred to the inactive reserve. "Motion was duly seconded and carried. It was moved by Vick that a suitable resolution be prepared in appreciation of the very good services to the City of Kalispell by retiring Chief James. Motion seconded by Gustin and -carried. Mayor Walter then appointed James Curtis Chief of Police to fill the vacancy created by the retirement of P•Ieade James. The appointment was confirmed on motion of Hillis, seconded by Gustin and carried. Moved by Vick that the Nayor be authorized to appoint a temporary police officer due to emergency caused by shortage in personnel. :Motion seconded by Crriisle and carried. A Resolution expressing appreciation of the Citizens' Committee for their efforts in publicizing the Revenue Bond issue was adepted on motion of Huggins, seconded by Harmon and carried. Moved by Carlisle that the City Clerk be instructed to call for construction bids for the sewage plant improvements and reservoir covers, to be received on May 19, 1959. Motion seconded by Huggins and carried. The Mayor then announced that a matter before the Council for consideration was the sale of the Water and Sewer Revenue Bonds of $250,000.00 heretofore authorized at a special election held on April 6, 1959, the adoption of the form of Notice of Sale and other matters pertinent to said sale; thereupon the following Resolution was introduced by Councilmen Gustin and at the direction of the Mayor was read in full by the Clerk, said Resolution being as follows: G4i RESOLUTION NO. 2382 WHEREAS, the qualified electors of the City of Kalispell, Flathead County,. "•lntana, have heretofore authorized the issuance of Water and Sewer Revenue Bonds of said City in the principal amount of $250,000.00 for the purpose stated in tte Resolution adopted February 2, 1959, being Resolution No. 2379, by a vote of 1364 FOR the issuance of Water and Sewer Revenue Bonds and a vote of 491 AGAINST the issuance of Water and Sewer Revenue Bonds, there being 9 invalid votes cast, and it is deemed advisable by the Mayor and Council of the City of Kalispell, Montana, at this time to issue the $250,000.00 Water and Sewer Revenue Ponds thus author- ized at the specialelection held within said City on April 6, 1959; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Kalispell, Montana, as follows: 1. That there shall be sold and issued at this time the slater and Sewer Revenue Bonds of the City of Kalispell, Montana, in the amount of $250,000.00, which bonds shall be dated May 1, 1959, and shall be of the denomination of $1,000. each. 2. That the City Council reserve the right to redeem any or all bonds ofsaid bond issue maturing on or after May first in each of the years 1965 to 1969, both and all years therein inclusive, on any interest payment date on or after May 1, 1965, in the inverse order of their numbering, highest numbers first, upon and after prior publication of the notice of the intention to redeem any of said bonds by publication of such notice at least once in a newspaper of general circulation. within said City, said publication to be at least thirty (30) days prior to the date.of intended redemption, and by mailing notice of said call at said time to the purchaser, or purchasers, of said bonds, and upon the date fixed for redemption interest upon the bonds thus called for redemption shall cease to accrue. The foregoing redemption to be at par and accrued interest at the rate borne by said bonds. 3. That the Notice of Sale of the foregoing Water and Sewer Revenue Bonds of $2501000.00 shall be in substantially the following form, viz: NOTICE OF SALE OF WATER AND SEWER REVENUE BONDS OF THE CITY OF KALISPELL, MONTANA, OF $250,000.00 NOTICE IS HEREBY GIVEN by the Mayor and Council of the City of Kalispell, Montana, of the intention to sell Water and Sewer Revenue Bonds of said City in the amount of $250,000.00, heretofore authorized at a special election held in said City on April 6, 1959, for the purpose of acquiring funds to pay the cost of making certain improvements to the Water and Sewer Systems pursuant to the provisions of Resolution No. 2379, passed and approved by the Mayor and City Council on February 2, 1959. Said bonds shall be dated May 1, 1959, shall bear interest at a rate, or rates, of not in excess of Five per cent (5%) per annum, payable semi-annually, and shall run for a period of ten (10) years from date of issue, shall be of the denomination of $1,000.00_each and shall mature and be payable as follows: )'21,000.00 in each of the years 1960 and 1961; $22,000.00 in the year 1962; $23,000.00 in the year 1963; $24,000.00 in the year 1964; $25,000.00 in the year 1965; 527,000.00 in the year 1966; $28,000.00 in the year 1967; $29,000.00 in the year 1968, and $30,000.00 in the year 1969. The City Council of the City of Kalispell, Montana, reserve the ri^ht to redeem any or all bonds of said bond issue maturing on or after May first in each of the years 1965 to 1969, both and all years therein inclusive, on any interest payment date on or after May 1, 1965, in the inverse order of their numbering, highest numbers first, upon and after prior publication of the notice of the intention to redeem any of said bonds by publication of such notice at least once in a newspaper of general circulation within said City, said publication to be at least thirty (30) days prior to the date of intended redemption, and by mailin.; notice of said call at said time to the purchaser, or purchasers, of said bonds, and upon the date fixed for redemption, interest upon the bonds thus called for redemption shall_ cease to accrue. The foregoing redemption to be at par and accrued interest at the rate borne by said bonds. The principal and interest of the foregoing bonds are payableet the office of the City Treasurer of the City of Kalispell, Montana, in Kalispell, Montana. None of said bonds shall be sold for less than par and accrued interest to date of delivery. Sealed bids for said bonds are requested and required. Bidders therefor shall submit sealed written bids specifiin-: (a) The lowest rate of interest and premitmi, if any above par, at t:hich the bidder will purchase said bonds, or (b) The lowest rate of interest at which the bidder will purchase such bonds at par, and each such bid (except any bid which may be received by or on behalf of the State Bcl d of Land Commissioners of the State of Montana) must be accompanied by a Ccrti- Jed Checkin the amount of five per cent (5i;) of the amount of their bid, payable to the order of the City Clerk, which amount will be returned if the bid is not accepted; and if the successful bidder shall fail to pay or refuse to complete the purchase of said bonds in accordance with the terms of his bid, the amount of the deposit shall be forfeited to the City of Kalispell, Montana. All bids must state net interest cost to tine City of Kalispell, 'Iontana. All bids shall be addressed to the Council of the City of Kalispell, Montcn a, and delivered to the Clerk of said City. Sealed bids for said bonds will be received by the City Clerk and by said City at the office of the City Clerk in the City Hall in Kalispell., Montana, at any time prior to 7:30 o'clock, P. M., Mountain Time, on Tuesday, the 19th day of May, 1959, at which time and in the place above: specified, the regular meeting place of said Council, said Mayor and Council will meet in public meeting for the purpose of considering any bids which may be received thereof. The Council reserves the right to reiect any and all bids and to sell said bonds at private sale. The legal approving opinion of 3urcham & Blair, bond attorneys of Spokane, Washington, will be furnished the successful bidder. All bids for said bonds shall be unconditional. The City of Kalispell., 'Mont na, will furnish printed bonds ready for execution. CITY OF KALISPELL, IMONT.ANA JY CLAUDE W'tLTE-11 ATTEEST: H. J. HUNT Cite Clerk Its Mayor (E::I) CF ::OTIC- OF SALE) 4. That sealed bids for said bonds in conformity with the foregoing Notice of Sale will be received by the Clerk and by said City at any time prior to 7:30 o'cicck, P. M., Mountain Time, on Tuesday, '4ay 19th, 1959, and as provided in said Notice of Sale, and the Clerk is further required to --ive i:otice of the sale of said bonds to the State Board of Land Commissioners of the State of Montana, at Helena, Montana, such Notice to be given at least 10 days prior to the time fixed for the sale of said bonds in said Notice. 5. The City Clerk is hereby required to cause publication of the foregoing Notice of Sale at least once at least five (5) days before the date of such sale in a newspaper of general circulation within said City, said newspaper bein- the Daily Inter Lake, which is printed and published at Kalispell, .1ontana, and the Clerk is further required to cause publication of the foregoing Notice of Sale once in financial newspaper published either in the. C � of ::cw York, Chicago, or San Francisco, said publication to be at least five (5) days before the date of sale. 6. A meeting of the Mayor and City Council is hereby fixed and ordered to be held at the time and place fixed for the sale of the foregoins* bonds, at which time the Mayor and Council, in open public meeting; at its regular meeting place in the City Hall in Kalispell, Montana, shall. open. and. consider kids which may be tendered for said bonds and will at that time award such bonds to the successful purchaser, or in the uncontrolled discretion of said Mayor. and Council, shall reject any and all bids therefor. (END OF RESOLUTION:) ATTEST lI. J. Hunt City Clerk Claude iti'alter . iyor of. Kalispell, :Tontana (Impress Seal of City here) Thereupon after consideration of the foregoing Resolution its adoption was moved by Councilman Gustin, which motion was seconded by Councilman Fisher, and the same was submitted to a vote of the City Council, and upon an Y11' and NAY vote being duly had and recorded the vote thereon resulted as follows: Councilman. Carlisle voted "AYE'S Councilman Young voted "AYE" Councilman Hillis voted "AYE" Councilman Gustin voted "AYE" Councilman Fisher voted "AYE" Councilman Huggins voted "AYE" Councilman Iiarmon voted "AYE" Councilman Vick voted "AYE" with no votes "NAY"; whereupon the Mayor declared said Resolution to be adopted and in approval thereof signed his name at the end thereof, which. si-ning was attested by the Clerk under the seal of said City, as shown on said Resolution, and the Clerk was instructed to make the foregoing Resolution a part of the permanent records of said City. This being the date set by law to canvas the returns of the election held April 6, 1959, the abstract of returns of the Judges of the four wards were examined and the tally books checked and the tabulation was found to be as follows: RE -CAP OF VOTED City Election April 6, 1959 WARD WARD WARD �,!Ai\1i) TOTAL ONE TWO THRFE FOU '. FOR MAYOR Claude Walter 199 165 204 142 710 Howard V. N.ammer 449 291- 282 337 1359 FOR TREASURER Una J. McMillan 582 407 442 430 1551 Margaret Clifford 1 1 Howard Hunt 1 1 Frank Hazelton 1 1 Paul Hamilton 1 1 Ella Moore 1 1 FOR POLICE. .JUDGE Palmer Christopherson 432 320 362 318 1432 John E. O'Fallon 164 127 121 15S 570 Herman Rose 1 1 FOR COUNCIUIEN W. L. Carlisle 263 Bernard E. Horstman 356 Fred F. Metcalf 411 Walter S. Young 234 Francis A. Bitney 220 George Haddow 260 Mrs. Stanley Halvorson 150 Walter A. Ryder 223 H. A. Fisher 301 Dr. 11. D. Huggins 334 Thomas M. Munro 275 Tom C . Harmon 3 7 ;? Richard Vick 411 Walt Colby, Jr. 1 7 1 1 11 It was moved by Marmon, seconded by Youn--, that the canvas of the returns having been made by the City Council, and the tabulation as shown above found to be correct, the following Citv Officials are hereby declared to be elected: Mayor Howard V. Na-,iime_r Police Judge Palmer Christopherson City Treasurer. Una T. McMillan Councilmen - Ist Ward Councilmen - 2nd Ward Councilmen - 3rd Ward Councilmen - 4th Ward Fred F. ^ietcalf Bernard E. 'Iors t.-ian George Iladdo�- Wal ter A. llycier IT. %. Fisher. Dr. I;. 1). Tfu�-,r-;ins T. C. Harmon Richard Vick The canvas of the election returns of. the Snecial Bond Election, held April 6, 1959, for the issuance of Revenue Bonds in the amount of $250,000.00 having been found to be as follows: For Issuance 1364 Against Issuance 491 Void 3allots 9 It was moved by Harmon, seconded by L'oun;;, that said Revenue Bond Issue he and the same is hereby declared to be duly carried and authorized. ?Motion unanimously carried. Upon motion duly made, seconded and adopted unanimously, the meetin, adjourned. Read and approved this 4th day of xav, 1959. of C i tv of Kalispell, 'Montana ATTEST II.�%Hunt City Clerk (Impress Seal of City here) ;'hc Re,;ular "•lonthly NectinC, of the Cite Council was 'ielc; 'lay +, 1959, at 7:30 P. ' 1. Mayor Walter presided. Cowicilmen C_rlisle, Fisher, Dustin, Harmon, Millis, ITun�ins, Vick, and Young worc »rc,scnt. The minutes of the rc,.ular mcetin of April nth and special meeting April 13th were read and approved as rear.. City Officials" Monthly P.eports: ]report of the City Trecsurcr cr "arch, the City Clerk for "larch, the health Officer, Police Judge, City EnC;inecr, nd Chic* of Police for April were accepted on motions duly made, seconded and carriec'. 'reports of Committees: Finance Chairman Harmon reported that all monthly bills against the City had been audited and approved and mcved that payment of same he allowed. �Ioticn seconded and carried.