Resolution 1625 - Payment of Judgment by WarrantNM
RESOLUTION No. 1625
A RESOLUTION PROVIDINO FOR THE PA'nIENT OF A JUDCZ�ENT ENTERED IN
THE DISTRICT COTIRT OF FLATHEAD COMTY, MONTANA, Oh DECTE-TIR 10,
1936, IN FAVOR OF V-TSTA 1. 9RENNAN AND AGAINST TEE CITY OF KALIS-
PELL, FOR PERSONAL INJURIES, AND DECLARING THAT AN EMERGENCY EXISTS
AND PROVIDING FOR -17, ISSUANCE OF WARRANTS IN EXCESS OF THE OtTRRENT
95MTE4 T.
BE IT RESOLVED BY THE COUNCIL OF TM_ CITY OF KALISPELL:
A certificate of the Clerk of the District Court of Flathead
County, Montana, having been presented to the Council of the City
of Kalispell, wherein it appears that a Judgment was rendered in
favor of Vesta H. Brennan as -plaintiff against the ��ity of Kalispell
as defendant on the 10th day of Jecember, 1936, for the sum of Five
Thousand Eight Hundred Fifty Dollars ($5,850.00), together with
costs amo mting to the sum of Fifty Two Dollars and Fifty-three Cents
(162.,53); and that an appeal was taken from said Judgment to the
Supreme Court of the �tate of Montana, in which Court the same was
affirmed and the costs on appeal amount to the sum of Forty Dollars
and Eighty Cents ($40.80), and by reason thereof the City of Kalis-
pell is liable for the payment of said Judgment, together with the
costs as above set forth and interest at six per cent per annum,
thereon as provided by law, and, there being insufficient money in
the general fund of the City of Kalispell, exclusive of the appro-
priations for the current fiscal year, to pay the same, there is
hereby directed to be levied and collected a tax on all property of
the City of Kalispell for the payment of said Judgment; that one-
half of the amount necessary to pay the same shall be levied and
collected during the tax year of 1938, and the remaining one-half
of the amount necessary to pay the same shall be levied and collect-
ed during the tax year of 1939; and no provisions having been made
in the current budget whereby warrants can be issued against the
peneral fund in payment of the same, and said Judgment being based
Upon a claim for personal injuries, an emergency is hereby declared
to exist under the provisions of the second sub -division of Section
5083.8 Revised Uodes oflNlontana, 1935.
It is therefore ORDERED, that a warrant for one-half of the
amount required to satisfy said Judgment be issued to be paid from
the taxes levied and collected during the tax year of 1933, and a
Warrant be issued In payment of -the remaining one-half of said
Judgment, costs and interest to be paid from the proceeds of the taxes
levied and collected in the year of 19:39 as herein authorized; and
that said warrants be registered and paid as aforesaid when funds
are available for that purpose in the general fund of the City of
Kalispell as proceeds from said tax levies herein authorized.
Passed by the City Council and approved by the Mayor of the City
of Kalispell this Sth day of January, 1938.
F. 0. WILLI- 3
Hayor
Attest: F. J. ROBISOHON
City Clerk
I, F. S. Robisohon, Clerk of the City of Kalispell, do hereby
certify that the above resolution was regularly adopted by the Council
of Said City at a meeting held the .5th day of January, 1938.
OTerk__ot--t4*--tity of Xa spell