Resolution 2240 - Budget - Emergency - AttorneyL JL
RESOLUTION NO. 2240
A FE'SOI:UTION DECIARING THAT AN M�'�RGENCY EXISTS A14D THAT IT IS NECESSARY
TC MAKE EXPENDITURES IN EXCESS CF 'THE,,' AMOUNT PROVTDED BY THE CURTIFNT BUDGET
FOR Tl,,T,' CrNERAL FUND.
WHEREAS, The City of Kalispell has brought suit against E. E.
Jennings aQ Ocie M. Jennings, residents of the City of Kalispell, the
purpose of which is to obtain an order restraining the said E. E. Jennings
and Ocie M. Jennings from obstructing that portion of the spring creek
drainage system, and
WHEREAS, the said E. E. Jennings and Ocie M. Jennings, his wife,
have appeared in said action and have filed an Answer and Cross -complaint
denying any easement rights of the City of Kalispell through land owned by
them, and
VIEREAS3 the outcome of this litigation is of vital importance
to the City of Kalispell in determining the right of the City to maintain
and operate the entire spring creek drainage systen, and
WHEREAS, the commencement of such suit was unforeseen during the
preparation of the present budget, and
hHEREAS, it Is necessary to appear in court and prosecute and
defend all interests of the City in such suit and that such prosecution and
defense will necessarily entail costs, fees, and expenses of various kinds,
including court costs, traveling eyTenses, special attorney feeQ3 deposition
costs, witness fees, stenographic costs, and, in the event of an appeal to
the Supreme Court, printing costs of briefs and transcripts,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL that an emergency does, and is hereby declared to exist by
reason of the above situation, and under the provisions of the lawz of the
State of Montana in such cases made and provided, and that expenditure
in the amount of $1,500.00 in excess of the current budget for the City
Attorney is hereby authorized for the purposes hereinabove set forth, and
said Clerk is hereby authorized to draw emergency warrants against the said
fund, and the City Treasurer is authorized and directed 'to pay such warrants
with any money in the said fund that is available and if there be not sufficient
money in such fund to pay such warrants, then the same shall be registered
and bear interest and be called for payment in the manner provided by law for
other city warrants.
Passed and approved this lst day of February, 1954.
R. M. Leslie
A ing
ATTEST H. J. Hunt
------------ UR y .. Cleo ------
I. the undersigned, City Clerk of the City of Kalispell, hereby certify
that the foregoing is a true and correct copy of the Resolution duly passed
by the City Council of the City of Kalispell, Montana, at its regular
meeting on February 1, 1954,
City Clerk of -the City� ��r Kalispell, Montana