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HomeMy WebLinkAboutResolution 599 Building of Sewage Treatment Plant Election 4%);) COMMISSION RESOLUTION NO. 599 RESOLUTION RELATING TO THE CALL AND CONDUCT OF A SPECIAL ELECTION TO VOTE UPON THE BUILDING AND CONSTRUCTING OF A SEWAGE TREATMENT OR DISPOSAL PLANT AND THE ISSUANCE AND SALE OF REVENUE BONDS FOR SUCH PURPOSE I BE IT R~SOLVED by the Commission of the City of Bozeman, Montana, as follows: 1. This Commission does hereby find, determine, and declare: that it is essential to the health, safety, and welfare of the City of Bozeman and its inhabitants for the City to construct a system of sewers, sewage pumping stations, and sewage treatment and disposal plant or plants for public use in connection with the City's sewerage system, with component enlargements and extensions of trunk sewers and storm sewer diversions, in conformi ty wi th Session Laws of Montana for 1943 Chapter 149, as';amended; the t such plant or plants can be built and constructed and the site therefor acquired at a total cost of Three Hundred Thousand Dollars ($300,000); that gross revenues can be derived in the form of rates, charges, and rentals imposed for the use of the facilities provided by such plant or plants sufficient in amounts and times of receipt to pay and discharge all costs of operation, repairs, and maintenance of said system plus a 10% depreciation reserve plus the sinking fund amounts needed to meet all payments of principal of and interest on revenue bonds issued to provide moneys for such project as such principal and interest respectively become due and during the period of years through which such bonds are to be paid as hereinafter specified; that the proposal to issue and sell I negotiable sewage disposal revenue bonds and the use of the proceeds thereof for such project should be submitted to the qualified electors of the City of Bozeman as required by said Chapter 149, as amended; that the electors qualified to vote upon such proposition comprise all registered electors having the qualifications prescribed by Article IX Section 2 of the Constitution of Montana and who are also taxpaye~s whose names appear upon the last preceding completed assessment roll for State and County taxes as taxpayers upon property within the City of Bozeman; and that such bonds, if au thorized, issued, and sold, shall be payable as to both principal and interest solely from, and shall be a valid claim of the holders thereof only against, the sinking fund and the net income and revenues of the system pledged thereto, and shall not constitute an indebtedness of the City within the meaning of any charter, s ta tu tory, or constitutional limitation upon the incurring of indebtedness, nor shall the City incur in respect thereto any obligation for the payment of which taxes may be levied. 2. A special election 1s hereby called and directed to be held in and for the City of Bozeman, Mon tans, on Tuesday, the 24th. day of June, 1947, for the purpose of voting on the question stated in the form of ballot hereinafter prescribed. I 3. At said election, every duly registered and qualified elector of the City shall be entitled to vote, provided his or her name appears upon the last precedlngaassessment roll for State and County taxes as a taxpayer upon propeBty within the City. The City Clerk shall forthwith deliver a certified copy of this resolution to the County Clerk of Gallatin County as a part of the notice required by law to be given to the County Clerk in respect to such elections. The County Clerk shall, after giving due notice of closing of the registration books, prepare a list of registered voters entitled to vote at said election and poll books for such election for each precinct of the City, . 454 in the form and manner usual for such special city elections. 4. The Ci ty Clerk is hereby authorized and direc ted to gi ve notice of said election by publication, once a week for a period of not less than two consecutive weeks immediately preceding the date of said election, in a newspaper published I in Bozeman, Mon tana, and by causing notices to be posted in at least three of the most public places in each voting precinct in the City at least ten days prior to the date of said election, which notice so published and posted shall read substantially as follows: NOTICE OF SPECIAL ELECTION CITY OF BOZEMAN, MONTANA NOTICE is hereby given that on Tuesd~, the 24th. day of June, 1947, a special election will be held in an for the City of Bozeman, Mon tana , for the determination of the question whether the City of Bozeman, Mon tans, shall issue and sell its negotiable Revenue Bonds in the amount of Three Hundred Thousand Dollars ($300,000), to be payable during a term of twenty (20) years from their date of issuance, and use the proceeds thereof to construct a system of sewers, sewage pumping stations, and sewage treatment and disposal plant or plants for public use in connection with the City's sewerage system, with component enlargements and extensions of trunk sewers and storm sewer diversions, in conformity with Chapter 149 Session Laws of Montana for 1943, as amended, such bonds and the interest thereon to be payable solely out of the net income and revenues to be derived from rates and charges for the use of the facilities provided by such plant or plants and not to incur any obligation for the payment of which taxes may be levied. Further details as to said matter are set forth in Resolution No. 599 duly passed by the City Commission and approved and now on file and of record in the office of I the Ci ty Clerk. The places of voting at said election in the City of Bozeman will be as follows: Ward Precinct No. No. Voting Place Address 1. Hawthorne School 114 North Rouse 2. Beall Park Recreation Building 409 North Bozeman 3. Court House 307 West Main 4. High School 404 West Main 5. Emerson School III South Grand 6. Ci ty Hall 326 East Main 7. Longfellow School 610 South Tracy 8. Irving School 611 South 8th. The polls for said election will be opened at twelve o'clock noon and will remain open until eight o'clock P.M. on said date of election. Each duly registered and Qualified elector of the City is entitled to vote at I said election, provided his or her name appears upon the last preceding assessment roll for State and County taxes as a taxpayer upon property within said City. Dated at Bozeman, Man tana, this _ day of , 1947. BY ORDER OF THE CITY COMMISSION City Clerk (SEAL) Commi ssion Reso1utio:, No. 599 ....--- 4f}fj 5. The City Clerk shall cause suffecient ballots to be prepared for use at said election, and shall distribute the same to the judges of election in the respective precincts, together with poll books supplied be the County Clerk and other necessary and proper election supplies, which ballots shall read substantially as follows: I OFFICIAL BALLOT SPECIAL ELECTION CITY OF BOZEMAN, MONTANA (Make a cross ( x) in the square opposite the word FOR if you wish to vote in favor of the following proposition, or in the square opposite the word AGAINST if you wish to vote against said propo- sition.) . . . . FOR the City of Bozeman issuing and selling its negotiable Revenue Bonds in the amount of Three Hundred Thousand Dollars ($300,000), to be payable during the term of twenty (20) years from their date of issuance, and using the proceeds to construct a system of sewers, sewage pumping stations, and sewage treatment and disposal plant or plants for public use in connection with the City's sewerage system, with component enlargements and extensions of trunk sewers and storm sewer diversions, in conformity with Chapter 149 Session Laws of Montana for 1943, as amerids9., such bonds and the interest thereon to be payable solely out of the net income and revenue to be derived from the rates and charges for the use of the facilities provided by such plant or plants, and not to incur any obliga- tion for the payment of which taxes may be levied. . . . . AGAINST the City of Bozeman issuing and selling its negotiable Revenue Bonds in the amount of Three Hundred Thousand Dollars ($300,000), to be payable during a term of twenty (20) years from their date of issuance, and using the proceeds to construct I a system of sewers, sewage pumping stations, and sewage trea tment and disposal plant or plants for public use in connection with the City's sewerage system, with component enlargements and extensions of trunk sewers and storm sewer diversions, in conformity with Chapter 149 Session Laws of Montana for 1943, as amended, such bonds and the interest thereon to be payable solely out of the net income and revenues to be derived from the rates and charges for the use of the facilities provided by such plant or plants, and not to incur any obligation for the payment of which taxes ma y be levied. 6. The City Clerk shall furnish to the judges and clerks in each voting precinct forms for returns of said election, which shall show separately each of the following items of information for the respective precincts: (a) the total number of taxpayer voters who voted at said election as shown by the poll list; (b) the total number of taxpayer voters who voted for the proposition and the total number of taxpayer voters who voted against the proposition. The judges and clerks shall count and canvass the ballots in the respective ballot boxes and make returns thereof according to such forms and file the same in the office of the City Clerk, together with the voted and unvated ballots. 7. Insofar as the details of forms and procedure for said election are not herein I prescribed, the general laws of the State respecting such elections shall govern. The City Clerk shall furnish to each of the judges and clerks of election suitable instructions for the conduct of the election. Commission Resolution No. 599 4fj() 8. In the event it shall appear to this Commission, upon a canvass of the returns, that a majority of the votes cast were for the proposition, the Commission will declare said proposition duly carried and the making of said improvement and issuance and sale of said bonds duly authorized. I Passed by the City Commission and approved by the Mayor this 23rd day of April, 1947. ~~. Approved: Atte8t:~~~ /" ayor C ty lerk STATE OF MONTANA ) County of -dallatin ) ss City of Bozeman ) I, L. G. Shadoan, Clerk of theCommission of The Cit~ of Bozeman do hereby certify that the foregoing Commis s ion Res olu t1 on No ~ 599 was published by ti tIe 8nd number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of April 30th, 1947, and that due proof is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and seal this 1st day of May, 1947. ~b~ Clerk of the City Commission I I Commis sian Resolu ti on No. 599